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The next US president won’t be great for H-1B visas

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Re: The next US president won’t be great for H-1B visas

#21
post #9

Artificial geographical lines segregating people artificially. Remove our set of welfare programs and let anyone that can make it here, live here.

The problem is the second suggestion is politically popular but the first is not, and if you only do the second one, it obviously goes badly.

Re: The next US president won’t be great for H-1B visas

#22
post #8

A someone who benefited from the H1-B program I’m 100% behind the idea of adding higher wages requirements. I went to Carnegie Mellon and met some of the smartest people there and it crushed my heart seeing some super talented people lose on the lottery several times and be forced to go back home when they already had an employer in the US paying them 100k+ and willing to go great lengths to keep them. I was lucky en…

I’ve never understood why H1-B applications weren’t sorted by compensation (salary): higher salaries go first. Seems like a trivial way to prevent visa farming.

H1-B applications are not only for tech jobs, and not only for the bay area. There are many other professions which are subject to the same cap, and also have to look outside of the US to fill roles. Nurses are one that come to mind. If all H1-Bs are just sorted by comp, you'll end up with FAANG getting 80k H1-Bs per year.

You may want to argue that "well then other companies don't deserve them if they can't compete with FAANG", or "then companies should pay SF wages everywhere" (which I sorta-agree with), or "then other industries should pay more!".

They may be valid points, but it is unreasonable to expect that another industry can compete salary-wise against FAANG at the moment, and it doesn't make their inability to find candidates locally any less true.

Regarding preventing visa farming, an easier solution (in my opinion) is to improve the flexibility for an H1B worker; allow them to work for any employer for the term of their status.

If an employer used an H1B in order to hire a foreign worker and then under pay them, the worker would just get another job that pays market rate, without the work status concern. Without the artificial control over the employee, H1B harvesting wouldn't be worth it.

Re: The next US president won’t be great for H-1B visas

#23

3/4 of all H1Bs are going to Indians. Having some level of diversity from other countries doesn’t sound like a bad idea. On top of it, most of those H1bs are from Indian body shops gaming the system which is how they get so many H1Bs in the first place. So I’m okay with these changes.

Having some level of diversity from other countries doesn’t sound like a bad idea.

No. H1B is a skills based visa and not diversity/family based. The only thing that should matter are the skills and not the country they come from. Steps should absolutely be taken to ensure the system can't be gamed and that only well qualified applicants get selected.

Re: The next US president won’t be great for H-1B visas

#24
post #8

Earlier quoted context omitted.

I’ve never understood why H1-B applications weren’t sorted by compensation (salary): higher salaries go first. Seems like a trivial way to prevent visa farming.

Somehow the government doesn't want to fund landowners in California. You'd bet that take-home pay for the same work after taxes and rent is higher in Dallas than in San Jose. I think Facebook is demonstrating this like now.

> You'd bet that take-home pay for the same work after taxes and rent is higher in Dallas than in San Jose. I think Facebook is demonstrating this like now.

It's not, though. Median rent in Mountain View (significantly pricier than San Jose) is now $2390/month [1]. L4 total comp at Google, or E4 salaries at Facebook, is about $260K/year [2]. Average rent for a 1BR in Dallas is $1250/month [3]. Average total comp for a software engineer in Dallas is $110K/year. [4]

After taxes and rent, the Facebook/Google L4 is making $260K * (1 - 0.37 [5]) - 2390 * 12 = $135920/year. The Dallas SWE is making $110K * (1 - 0.16 [6]) - 1250 * 12 = $68939/year. Even with the $4K/month rents from 2019, the Facebook engineer is still putting away $116K/year, more than the total gross of the Dallas engineer.

People tend to underestimate the effect of the top-line on finances and savings. Eric Schmidt had a saying: "More revenue solves all known problems". It applies as much to households as to giant companies.

[1] https://www.zumper.com/rent-research/mountain-view-ca

[2] https://www.levels.fyi/#

[3] https://www.zumper.com/rent-research/dallas-tx

[4] https://www.indeed.com/career/software-engineer/salaries/Dal...

[5] https://smartasset.com/taxes/california-tax-calculator#vyY8q...

[6] https://smartasset.com/taxes/texas-tax-calculator#s0LEbwxtAs

Re: The next US president won’t be great for H-1B visas

#25
post #6

You can take all kinds of policy positions on a campaign, but any president cannot really do much to the H1B system without passing laws. Passing a new immigration bill is very hard since there are so many competing interests benefiting from the status quo and there is very little to gain electorally. The current administration tried using executive action and regulatory approaches to fulfil their agenda and both kee…

> The current administration tried using executive action and regulatory approaches to fulfil their agenda and both keep getting struck down in courts. The new upward revision in wage levels are also expected to have the same fate. There is simply very little regulatory leeway on H1B visas since they are encoded in law.

That’s not accurate. The original law in the 1960s was designed to be very different, and one of the basic bargains was that it wouldn’t increase net immigration. That ended up being false because Presidents ended up using executive action and regulations to depart from the original design. For example, Clinton narrowing the public charge exclusion to refer to only cash welfare. Indeed, the H1-B system was never intended to be a vehicle for permanent immigration. That was created by administrative fiat too. Trump’s administrative changes were to make the system more consistent with what the law actually says.

Re: The next US president won’t be great for H-1B visas

#26
post #12

“I am hearing from many constituents, who have been waiting over ten years, for a green card“ - Constituent - “ any of the voters who elect a person to represent them.” H1B are not US citizens, and politicians considering them their “constituents” are misrepresenting their true constituents interests.

I feel like limiting voting to citizen (and therefor not granting voting rights to some residents) is one of these things we will look back at as a historic thorn before universal suffrage.

Re: The next US president won’t be great for H-1B visas

#27

Earlier quoted context omitted.

Somehow the government doesn't want to fund landowners in California. You'd bet that take-home pay for the same work after taxes and rent is higher in Dallas than in San Jose. I think Facebook is demonstrating this like now.

> You'd bet that take-home pay for the same work after taxes and rent is higher in Dallas than in San Jose. I think Facebook is demonstrating this like now. It's not, though. Median rent in Mountain View (significantly pricier than San Jose) is now $2390/month [1]. L4 total comp at Google, or E4 salaries at Facebook, is about $260K/year [2]. Average rent for a 1BR in Dallas is $1250/month [3]. Average total comp for…

This is a good summary of one of my biggest issues with location adjusted salaries. It often seems to be adjusted as if you will be living in that location (and retiring) in that location, which is rarely the case. Yes, in your example both engineers _may_ end up being equally-prepared for retirement, and be in a similar financial situation presuming that 1, all life costs scale proportionally (which is not true, college tuition for children is a great example, regular vacations are another), and 2, they will live in that location always. This is rarely the case, and just leaves the Bay area engineer _miles_ ahead when they relocate 10 years down the line.

Re: The next US president won’t be great for H-1B visas

#29
post #20

Auction, auction, auction - but not with fees, with salaries. Set a cap on number of entrants, and then "auction" the slots. Adjust the cap on entrants annually. No showing of specific market need required, or educational background of the applicant. Just criminal background and health checks on the applicant. The bid is the (gross) pay of the role with a minimum commit of 36 months. Winning bids are paid to the empl…

I really like this plan. Perhaps the salary could go into escrow up front, to make the hook set harder on employers?

Having to provide even a single year of salary up-front (or the 36 month commitment that the parent comment suggested) would be prohibitive to all but the large companies.

Re: The next US president won’t be great for H-1B visas

#30

Auction, auction, auction - but not with fees, with salaries. Set a cap on number of entrants, and then "auction" the slots. Adjust the cap on entrants annually. No showing of specific market need required, or educational background of the applicant. Just criminal background and health checks on the applicant. The bid is the (gross) pay of the role with a minimum commit of 36 months. Winning bids are paid to the empl…

I like some of your points, and H1B desperately needs a revamp. However, a direct unadjusted salary based auction is a non-starter for the following reasons:

- Non tech professions also hire people on H1Bs and don't pay as well as FAANG-likes do.

- Wages are generally lower in non bay area locations. Employers in low COL areas might lose out to those in high COL areas.

> Employees who voluntarily quit or are terminated are free to take any other job paying at least what the sponsor's job paid, provided they do so within 3 months.

3 months is generally not enough time to find a new job, finish immigration transfer formalities. This small duration to find a new job also leads to a lot of scams to maintain status.

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