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U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

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Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#91
There are 85K H1Bs a year of which 20K is for Masters/PHD students.

- Most foreign student revenue will dry up if you take H1B away.

- H1B is also used for doctors. Do we not want them?

- Given the remote transition underway, they will probably transfer over to Latin America/Canada. This is an issue even for existing tech workers. We are now competing for jobs with everyone that fall in American time zones.

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#92
post #34

Earlier quoted context omitted.

Any proposal? They change the rules almost yearly to try to patch loopholes. What do you suggest?

> They change the rules almost yearly to try to patch loopholes I haven't seen much in this way. As for what I would propose (if the quotas would be kept) - Go through the applications by higher salaries first - Limit the number of hires per company by number of current employees (something like 1 H1-B for every 5 employees - as an example) - Make the visa transferable after a while

- This would advantage even more the companies that can already more easily hire talent. Also, would you have audits to make sure salaries are not changed 2 months after hire? - Would it work to hire 5 front desk managers to hire 1 engineer on H1B? - It already is. Also fairly cheap, just a few grands for the hiring company, cheaper than recruiter fee.

Companies will always find a loophole. Smarter people than you and me (like, law smart) will start cranking at it to help them.

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#93

Earlier quoted context omitted.

International transfers don’t need to use H1Bs, there is another visa to use that doesn’t have a strict quota.

If you're talking about an L1 (specifically L-1B), it's the same process for getting a green card as an H-1B. The downside with the L-1B is that you can't switch employers.

Edited, thanks! I got confused because there is the @ L1 but then one of my friends got stuck on a J1 instead when moving for Microsoft China to Redmond.

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#94

This is a backdoor immigration cut, nothing more. COVID is irrelevant. Remember that it's not just new entrants that need H1B processing: it's immigrants currently in the country that need to transfer their visa type (e.g., former students moving from OPT to H1B). What, are they supposed to leave or risk being denied a visa forevermore? Not to mention, they've already paused green card processing and shut down most o…

> This is a backdoor immigration cut, nothing more.

H1B is a non-immigrant visa.

> Remember that it's not just new entrants that need H1B processing: it's immigrants currently in the country that need to transfer their visa type.

Immigrants already admitted to the US can not get and would not benefit from a non-immigrant visa.

Non-immigrants in the US might seek a different non-immigrant visa, but preventing them from getting one is not an immigration cut. It does not reduce the number of immigrant visas issued.

> What, are they supposed to leave or risk being denied a visa forevermore?

Yes, non-immigrants are supposed to leave when their eligibility for their non-immigrants visa status expires. That's what a non-immigrant visa means. (Even dual-intent non-immigrant visas: those just do not prohibit you from entering with the intent of seeking an immigrant visa while in non-immigrants status, but doing so displaced another prospective immigrant, so cutting the number of people in a position to do it has zero effect on immigration.)

> Not to mention, they've already paused green card processing

Well, yes, that's an actual immigration cut. No need for a back door.

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#95

Earlier quoted context omitted.

That's its stated purpose, which is why you see it mostly used for software and science positions. However, it's been "abused" by large consulting/contracting companies who hire an army of immigrant labor at the low end of market wages. The H1B recipient can't do much about it - they're tied to the employer (and their spouse can't work unless they also get an H1B). Yes, they can move jobs, but it takes legal resource…

Can confirm. Our requirement to fit the "cannot find American" requirement was to post a tiny ad in a small unknown paper with a ton of requirements that they H1-B we were about to hire didn't himself even really meet. It was HIGHLY abused to just get cheap low-level IT staff. ...like the kinds who confuse Java with Javascript.

IANAL but posting a "tiny ad in a small unknown paper" does not meet this H1B requirement. The requirement itself has many facets, including posting in Sunday editions of widely spread newspapers in the area the job will be, posting with the state workforce agency, and additional requirements that can be met by doing things like holding job fairs. It's a combination of things to help find local talent first. Not making any statements on efficacy, just pointing out that what you said does not meet visa advertisement requirements and anecdotally sounds like the kind of anecdote boomers would FWD:FWD:FWD:FWD: around to try to drum up anti immigrant sentiment.

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#96
post #29

Earlier quoted context omitted.

What is tech unemployment? Still in the single digits?

Sounds like it's still above 0, which means you should be forced to source local talent before you're permitted to source from outside the country. It's so strange to me that this viewport is controversial, but "Buy Local" (which I have yet to encounter someone who is against supporting local businesses) is not. This is the labor version of "Buy Local".

> I have yet to encounter someone who is against supporting local businesses

I am. I'd rather just pay a higher income tax and have that fund UBI, and save myself the money by buying cheap instead of local.

Asking consumers to spend more money on feel-good slogans is the same as a regressive tax.

Your neighborhood is decaying? It's not because welfare is broken, healthcare is broken, and law enforcement is useless, it's because you, the working-class consumer made the wrong choice.

Also it's an awful Prisoner's Dilemma. If I'm faithful, it makes a tiny dent in the odds of any given business closing. Why not defect, if my vote won't count for anything in the end?

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#97

This is a backdoor immigration cut, nothing more. COVID is irrelevant. Remember that it's not just new entrants that need H1B processing: it's immigrants currently in the country that need to transfer their visa type (e.g., former students moving from OPT to H1B). What, are they supposed to leave or risk being denied a visa forevermore? Not to mention, they've already paused green card processing and shut down most o…

Some, but not all, H1B immigrants are highly skilled. Some are fodder for body shops, some are used to avoid having to pay market rate. This behavior has been documented in great detail. I do not believe it unreasonable to take measures to encourage hiring of citizens over importing workers when official unemployment is near 15%, and unofficially, closer to 20%. Your typical tech company is likely to be sophisticated…

> Your typical tech company is likely to be sophisticated enough to onboard skilled workers outside the US and support them working remotely, in which case, they are not impacted by this policy.

Do you really think that ?

We have worked with team members in different time zones (Europe, India, China), and even with WFH it is a massive headache to work with someone whose schedule runs with a 12 hour offset.

Also, the COVID crisis makes relocation a massive pain in the ass for anyone who is being moved countries as of this time.

> This behavior has been documented in great detail.

Exactly, and still, time and again, the US govt. wants to solve the issue with a blunt tool that kicks everyone, highly skilled or not, out of the country.

It is easy enough to find companies like this. Ban companies that run IT consultancies from hiring H1Bs, unless they pay the market rate. Blanket ban companies who are known abusers (Infosys, TCS).

My faith in Hanlon's razor has dwindled over the last few years. This isn't incompetence. This is malice. The visa laws are always sufficiently less exploitative than the career/monetary gains of working here as an immigrant. (especially pronounced for Indian/Chinese candidates for whom a GC is impossible). I do not find that to be a coincidence.

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#99
post #92

Earlier quoted context omitted.

> They change the rules almost yearly to try to patch loopholes I haven't seen much in this way. As for what I would propose (if the quotas would be kept) - Go through the applications by higher salaries first - Limit the number of hires per company by number of current employees (something like 1 H1-B for every 5 employees - as an example) - Make the visa transferable after a while

- This would advantage even more the companies that can already more easily hire talent. Also, would you have audits to make sure salaries are not changed 2 months after hire? - Would it work to hire 5 front desk managers to hire 1 engineer on H1B? - It already is. Also fairly cheap, just a few grands for the hiring company, cheaper than recruiter fee. Companies will always find a loophole. Smarter people than you an…

Yes the rules would have to be more tightly specified (for example, keeping the same salary for a year, or the employee count be for the same position)

Especially in the US where people make a competition of adhering to the letter but not the spirit of the law (explains a lot about how the US sees GDPR)

Re: U.S. Senators Advocate H-1B Freeze for 60 Days or Longer

#100
post #29

Earlier quoted context omitted.

What is tech unemployment? Still in the single digits?

Sounds like it's still above 0, which means you should be forced to source local talent before you're permitted to source from outside the country. It's so strange to me that this viewport is controversial, but "Buy Local" (which I have yet to encounter someone who is against supporting local businesses) is not. This is the labor version of "Buy Local".

Why does it mean that? Just enact a law that requires equal payment for immigrants and locals.

The competition should be solely on skill and its a disgrace that companies are allowed to hire H1-Bs to save money.

Corporations need to be regulated to hell, it's been proven over and over.

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