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H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

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Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#161

Post by m0zg »

HBKXNCUO wrote: post #160
m0zg wrote: post #75

Earlier quoted context omitted.

I wasn't talking about recourse against the government. The government is within its rights to enforce the visa process to protect and regulate the local labor market. I was talking about recourse against the employer. Even if you're terminated wrongfully (i.e. in retaliation for reporting harassment or abuse, legally permitted whistleblowing, etc), it's unlikely that, as an H1-B, you will sue. That makes H1-Bs extra…

You said there is no recourse after talking about a situation in which no one has recourse against the employer, i.e. if you get fired out of spite for looking for a new job. There is as you know recourse if you're fired illegally, as the American people have been so generous as to grant foreigners the right to sue Americans employers in such cases.

Yes, but how do you sue if you have to leave the country on a short notice?

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#162

Post by jgalt212 »

conanbatt wrote: post #82
Uhhrrr wrote: post #77

Earlier quoted context omitted.

This is why H1B's should be auctioned, to kill the body shops which are gaming the current lottery system.

Or eliminate the cap altogether and never talk about this problem ever again.

Yeah, that will do wonders for the wage growth in this country.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#163

Post by DiogenesKynikos »

president wrote: post #106
conanbatt wrote: post #91

Im amazed at the level of protectionism expressed in this thread, in this community. I will make an argument for the cynics that believe they should be protected from competition: that immigration restrictions and caps like the H1B curtail the freedom of Americans to buy services from who they want to. American people that run American businesses are prohibited from hiring people they believe to be best suited for th…

> I will make an argument for the cynics that believe they should be protected from competition: that immigration restrictions and caps like the H1B curtail the freedom of Americans to buy services from who they want to. American people that run American businesses are prohibited from hiring people they believe to be best suited for the job. This argument makes sense from the point of a business owner but not necessa…

If your model is that there is a fixed number of jobs, then bringing in one immigrant deprives one American of a job. The obvious consequence of this model is that if a country has a 5% unemployment rate, then it should simply expel 5% of its population, and suddenly the number of people will perfectly match the number of jobs.

Of course, that's not how things work. It's not true that adding one person to the economy adds one person to the ranks of the unemployed, because adding an additional person also increases demand for goods and services, thus increasing the demand for labor.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#164

Post by morningcovfefe »

mantap wrote: post #157
paxys wrote: post #24

Earlier quoted context omitted.

I have been here 12 years, and know people 15-18+ years, all in the same boat. I can be asked to leave the country tomorrow because I tried to switch jobs, my boss woke up on the wrong side of the bed or literally any or no other reason.

Why do you do it? I'm sorry if it sounds callous, I'm just curious really. I personally wouldn't be able to endure such a precarious and stressful situation.

You intend to leave the first 4 years.. Then someone applies for a green card on your behalf and you believe there's a path to permanence - and you see folks getting green cards all the time.. Then 5 years later you find out, because you were born in the wrong country, you get to wait 70 years instead of 1. But by then you have a wife, kids and a dog. Then you kinda resign yourself to have to leaving someday but stay and make the TC you can while you can

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#165

Post by morningcovfefe »

geodel wrote: post #78
throwaway082729 wrote: post #19

Earlier quoted context omitted.

I've been here for 17+ years, earn $650k/yr and I'm still in the same boat. I'm at the mercy of the govt. if I want to change jobs. Moreover, I need to restart the labor certification process and reapply for my green card though I get to keep the same priority date. There's no end in sight i.e. I cannot predict when I'll get my green card due to the per-country cap and backlog. Worse, I cannot quit and take time off…

Huh, wouldn't putting 1 million dollar investment get you EB5 green card in very short time?

It takes 2 years and a lot of lawyers and maybe you might get it.. (it's not guaranteed at all) but if you've earned the 500k the hard way you're not very inclined to gamble it on the slim chance. Besides.. there's better places to retire on 500k

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#166

Post by conanbatt »

jgalt212 wrote: post #162
conanbatt wrote: post #82

Earlier quoted context omitted.

Or eliminate the cap altogether and never talk about this problem ever again.

Yeah, that will do wonders for the wage growth in this country.

It literally would. Theoretically and practically. Tariffs and trade restrictions make all parties poorer.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#167

Post by conanbatt »

HBKXNCUO wrote: post #64

>There's absolutely no recourse. Why would a person expect to have recourse against a government which exists for the sole purpose of furthering the interests of a group of people to which that person does not belong?

It is the American employer that has no recourse to protest the government restriction on their business!

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#168

Post by conanbatt »

Mountain_Skies wrote: post #42
Old_Thrashbarg wrote: post #31

Earlier quoted context omitted.

> They should SHUT DOWN these other players who clog up the process. Or we could focus on making the process uncloggable and work towards the free movement of labor which could add $78T to the global GDP. https://www.economist.com/the-world-if/2017/07/13/a-world-of...

How evenly would that $78 billion be distributed. Would some countries or groups end up as net losers?

Countries all around the world make policies to prevent their brighest and entrepreneurial minds from leaving to another countries.

Immigration restriction is the process by the which you refuse the gift from another country. It is doing to yourself what your competitors are trying to inflict on you.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#169

Post by kccqzy »

yazan94 wrote: post #29

TL;DR: The student was denied an H1B for a QA Tester role, which requires a BS in a computer-related field. The argument was that this qualifies as a specialty occupation. The judge rightfully told her to pound sand. @privateSFacct has a good point - there are plenty of international students that get their masters degree here in America and they should definitely be getting better treatment. I really don't think tha…

I've talked to many international students in the US pursuing a Master's degree. Most of the time their only motivation is to increase their chances of getting approved for an H-1B, or having more time for a STEM OPT. People who really like graduate school tend to do a PhD.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#170

Post by dllthomas »

repiret wrote: post #43
dllthomas wrote: post #6

Earlier quoted context omitted.

> c) allow all employers one applicant before awarding more slots, so the body shop mills have to compete with small business who have real jobs for real people and are not just playing percentage games (100K applications with 5k actual jobs available). Won't that just mean the body shops create 100K subsidiaries?

Probably. Another approach would be to cap the percentage of H1B employees you have.

That sounds effective. Would probably impact more legitimate attempts, though (single-owner business really needs someone with a really obscure skill, etc).
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