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H-1B visa fraud alive and well amid anti-abuse efforts

theregister.com

121–130 of 230 posts

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#122

Something that I personally feel unfair about the H1B lottery is that it doesn't consider where you live and what you are currently doing. Students that graduate through a STEM degree get to work for 3 years in their OPT (Optional Practical Training). This extends then to them having 3 chances (one per year) at getting the H1B. Now what's unfair is that an employer in the US can apply H1B for employees living oversee…

If it were up to me there wouldn't be an h1b. People would be admitted via a points based system like Canada (but stricter) and would then be on a green card path and be granted perm residency after 5y, citizenship after 10. That's of course my pie in the sky 'we can get congress to agree on things' version. If I were president, I would simply make the h1b go to the highest bidder, so the people that enter the US are…

Sorting the applications by 2 year guaranteed total comp would be a great start.

You then have to have a whistleblower program to stop the inevitable practice of inflating the total comp on the understanding that most of it will be kicked back to the employer.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#123
post #114

Earlier quoted context omitted.

Why stricter than Canada? Why green card eligible after five years (Australia, NZ, Canada and others, you get the PR immediately long as you reach the points requirements) and citizenship after TEN? (again, other countries you become a citizen after four)

Because the lax immigration regs of the commonwealth countries are already causing significant issues.

Lol, how are they "lax? And "significant issues" like what? According to who? You?

Those countries are only afloat because of immigration. Their homegrown economies are uncompetitive ones based on resource extraction and the trades, and their populations are uneducated and unambitious.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#124

Just question. For software jobs. Why is there a demand that can drive abuse. When there are so many people that can't find jobs? It seems like right now there should not be enough demand for H1-b (for software) to justify abuse. Like it shouldn't be profitable enough.

I recently hired for an entry level position, blind to VISA status. We received an enormous number of applications. We received very few applications that were from US residents, I’d estimate only 5%. By the end of the drawn out process of filtering people based on cover letters, resumes, majors, GPA, work experience, portfolios, papers published, etc. There were 2 Americans left, who didn’t respond to the interview request.

American Colleges are full of foreign students, who are often at the top of their class and have made it through several ability filters to get here. If you’re hiring with meritocracy in mind, you’ll end up interviewing foreign students.

Software consulting can be abused because these type of contracts are often awarded based on cost. By driving down salary costs compared to other consultancies, the Indian firms are able to win jobs. These firms aren’t interested in hiring Americans because of the power dynamic that they’ve established with their staff.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#125

Why is it suddenly called fraud and abuse when the "immigrants are taking our jobs" but from the upper middle class?

It seems that you didn't read the article. I'll help you with the fraud part:

> When I was at USCIS," explained Law, "you would have registrations or petitions with very common names. The belief from some of the fraud folks was that some of the common names were inserted in there and then these businesses, after they won the lottery, would then go out and actually find somebody [with that name] as opposed to having a real candidate in place."

> One form of H-1B fraud involves companies colluding to file multiple petitions on behalf of the same foreign worker. This serves to give the IT consultancies involved in trying to bring this worker to the US a greater chance of having their applicant selected, and of collecting a commission. As above, that's supposed to be more difficult under the new system.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#126

I only have one proposal. If a company has a layoff in number of thousands, then the company should be barred from h1-b for a certain number of years.

If a sector has increasing unemployment or sub-inflationary total comp growth, no H1-B's for that sector.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#127
Before the H1B really started to ramp up, you used to see foreigners working in IT that truly were some of the best and the brightest because there was a lot of competition and very few spots. These days, that is the exception, not the rule, because it was primarily designed to drive down wages so that CEO's can make larger salaries. The fact that they were able to convince people that reducing your own earning potential by giving the jobs to foreigners is the right thing to do morally shows how gullible/naive many in our industry are.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#128
post #84
post #67

Earlier quoted context omitted.

I would expect that to be partially counter balanced by companies being more willing to sponsor someone already in the US over someone currently overseas? Haven't had to go through that process fortunately but seems likely from a practical standpoint.

[replying to deleted child comment] > Sponsored green cards take like 1.5+ years to process, so someone could be OPT the whole time but the employer would have to get the application rolling quickly after hiring or else risk their employee having to go back to their home country for some period of time when OPT runs out and the green card is approved. Add to that: 1. Some (many?) companies do not file for green cards…

It is not 10. It is lifetime.

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#129
post #123

Earlier quoted context omitted.

Because the lax immigration regs of the commonwealth countries are already causing significant issues.

Lol, how are they "lax? And "significant issues" like what? According to who? You? Those countries are only afloat because of immigration. Their homegrown economies are uncompetitive ones based on resource extraction and the trades, and their populations are uneducated and unambitious.

> Those countries are only afloat because of immigration.

According to who? You? One of the countries you specifically just listed has just tamped down on some immigration efforts [1].

[1] https://www.beehive.govt.nz/release/government-responds-unsu...

Re: H-1B visa fraud alive and well amid anti-abuse efforts

#130
post #123

Earlier quoted context omitted.

Because the lax immigration regs of the commonwealth countries are already causing significant issues.

Lol, how are they "lax? And "significant issues" like what? According to who? You? Those countries are only afloat because of immigration. Their homegrown economies are uncompetitive ones based on resource extraction and the trades, and their populations are uneducated and unambitious.

I hope at least these uneducated and unambitious populations manage to keep people who think like this out of their countries
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