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Updates to H-1B

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Re: Updates to H-1B

#131
post #108
post #19

https://www.federalregister.gov/documents/2024/12/18/2024-29... The tweet is a super brief summary, reproduced below. Founders can self petition (& spouses can work) - Own >50% of the entity, or have majority voting rights Roles tied to research institutions cap-exempt - Organizations where fundamental research is a key activity now qualify - Startups can hire researchers (AI, health, hardware) year-round Students ge…

> Founders can self petition Wait, so I can just open LLC and get H1B visa for it? There have to be conditions and limitations, otherwise it will be misused.

Yea thats what I also thought. Opening an LLC is pretty easy.

Re: Updates to H-1B

#132
post #7

Earlier quoted context omitted.

Some people get upset that someone on a 'non-immigrant' 'temporary employment' visa can apply for permanent residency, although that is allowed by the H1-B program. Otherwise, one could immigrate through a different visa; there are some employment visas that are explicitly intended for those with intent to immigrate. Or like a family or lottery visa, I guess. I think it's possible to have a permanent residency applic…

It takes around 20+ years to go from H1b to permanent visa/green card. In the meantime your kids born in US have grown up, graduated, you have a house and everything could be yanked at the border when you are travelling. Meanwhile vast majority of them pay into taxes and social security and leave the US and never see a dime of that money. Immigrants are the easiest group to exploit by everyone because they have no vo…

> It takes around 20+ years to go from H1b to permanent visa/green card.

Primarily only for Indians. For almost everyone else, it's much quicker. Most people I know get it in 2-3 years. Many in under 2 years.

(And yes, it's frankly immoral that they have a separate queue for Indians).

So don't get rid of H1B. Make it one queue.

Re: Updates to H-1B

#133
post #108

Earlier quoted context omitted.

> Founders can self petition Wait, so I can just open LLC and get H1B visa for it? There have to be conditions and limitations, otherwise it will be misused.

Yea thats what I also thought. Opening an LLC is pretty easy.

[dead]

Re: Updates to H-1B

#134
post #68

It’s never been clear to me why this program exists in the first place, other than to put downward pressure on US STEM wages. What am I missing?

Hypothetically it exists to allow companies to hire singular overseas experts like von Braun or Einstein that don't have domestic equivalents. It has become totally accepted to lie on the application though and now it is used to hire Java developers.

That is incorrect. People with exceptional abilities are covered under EB-1 green cards (and O-1 visas). H-1B was created to bring people in specialty occupations requiring a bachelor's degree or equivalent experience. A Java developer definitely meets the bar (with the right degree or experience).

Re: Updates to H-1B

#135
post #89
post #83

Earlier quoted context omitted.

It's supply and demand economics: if there is a low supply of workers and a high demand for them, then employers are supposed to compete for them with more pay, more benefits, training/education, etc. When the supply of workers is artificially increased, then companies have less incentive to compete. It becomes a buyer's market for employers.

> if there is a low supply of workers and a high demand for them Employers outsource all those works to overseas.

Then throw them in prison?

Re: Updates to H-1B

#136

Regarding this part: Clarification of specialty role - Less strict on the direct link between degree/job responsibilities - Recognizes that AI may require multiple academic background You really won't need to clarify whether the role is a specialty one or not if you just increase the minimum wage for H1Bs. I really don't know why we don't have some rule that pins H1B wages to like the 90th percentile wage.

It would be exceptionally easy to solve the "H1B problem" by making sure that H1Bs are more expensive than local talent; then they really only would be used when local talent doesn't exist.

Re: Updates to H-1B

#137

Earlier quoted context omitted.

It's not the only last minute thing the administration does that it could have done before: - Launched rockets from Ukraine - remote work contracts extended to 2029 after Elon + Vivek wants people to RTO - TikTok ban And the classic answer is always the same here: ,,it was all planned for years'' (sure, but the decision is made after the elections on purpose)

We all know how a distant deadline can make us slack off. Then suddenly the deadline is in three months instead of four years, you’ll discover a bunch of things you could do faster. That’s not to excuse the slowness, but I imagine this stuff was in process for a while.

Parkinson's law: "work expands so as to fill the time available for its completion."

Re: Updates to H-1B

#138

Ah, classic regulatory theater. The administration, after 4 years of not introducing these changes, is now suddenly scrambling to roll them out. They’re dropping them right before a major transition, with an implementation timeline conveniently set for after the transition. It’s a clever little maneuver. When the inevitable reversal happens, they can show up at fundraising galas telling donors, “We tried! We were so…

It's not the only last minute thing the administration does that it could have done before: - Launched rockets from Ukraine - remote work contracts extended to 2029 after Elon + Vivek wants people to RTO - TikTok ban And the classic answer is always the same here: ,,it was all planned for years'' (sure, but the decision is made after the elections on purpose)

The decision regarding TikTok was not made after the election and the law was passed with strong bi-partisan support.

Re: Updates to H-1B

#139
post #19

https://www.federalregister.gov/documents/2024/12/18/2024-29... The tweet is a super brief summary, reproduced below. Founders can self petition (& spouses can work) - Own >50% of the entity, or have majority voting rights Roles tied to research institutions cap-exempt - Organizations where fundamental research is a key activity now qualify - Startups can hire researchers (AI, health, hardware) year-round Students ge…

> - Site visit codified: refusal to comply = petition denial

Wonder how this works for remote-only positions/companies.

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