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Updates to H-1B

uscis.gov

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Re: Updates to H-1B

#261

Post by guiomie »

strongpigeon wrote: post #205
HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

Good news: the USCIS makes this data available! [0] Google, Microsoft and Meta definitely look for (and hire!) US applicants. One can reasonably have a gripe with the consulting companies on there (Infosys, Tata, Cognizant, etc.) but they don't represent 90-95% of H-1B issued. [0] https://www.uscis.gov/tools/reports-and-studies/h-1b-employe...

Actually, looking at your link, Google, Meta, Apple, Amazon are all in the top 10... on the link you shared, am I missing something?

Re: Updates to H-1B

#262

Post by outworlder »

pockmarked19 wrote: post #163
kqgnkqgn wrote: post #120

Seem like sensible changes, though more is still needed. Requiring H1B holders to leave the country to renew paperwork is an insane anachronism. The per-country caps also seem like a throwback to the early 1900's era immigration exclusion policies. Re: the concerns over "immigrants taking our jobs!". As a native-born American working in a large tech company today - the threat is very clearly not from H1B's and other…

[flagged]

> The reason you have to leave the country is because it is not a “renewal” it is a “re-approval” and if you are denied they don’t have to deport you if you’re already out.

No. You only have to leave the country to have the visa stamp on your passport. That has no bearing on you being authorized to stay or work in the country.

Re: Updates to H-1B

#263

Post by HarHarVeryFunny »

semiquaver wrote: post #241
HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

> I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants. But H1B employers are required to certify that they took good faith steps to recruit U.S. workers for these positions and were unable to find qualified candidates to hire. You really think a business would do that? Just go to the government and tell lies?

Yes - it seems this is routinely done for H-1B positions. You meet the requirement for having advertised the job by running an ad for 1 day in the back of the fisherman's chronicle. You tailor the job description so closely to the H-1B candidate you've already decided to hire, that it'd be easy to defend why you rejected other candidates (should they inconvenience you by seeing the ad and applying).

Re: Updates to H-1B

#264

Post by eweise »

crmd wrote: 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?

That's exactly the reason. I don't remember working with any H-1B visa people in the 90s then the dotcom boom happened and demand soared. A couple years later I started working with H-1B engineers and my salary flatlined for over decade since.

Re: Updates to H-1B

#265

Post by outworlder »

cyberax wrote: post #230
ChrisMarshallNY wrote: post #194

Earlier quoted context omitted.

Why would you get downvoted for that? That’s the simple truth. They do that for all types of visas. My mother had to do it, until she finally (reluctantly) became a US citizen, and she lived here, most of her life. I think she had long-term visas, though. I only remember her doing it a couple of times. I think I went with her, on one of the trips.

This is more complicated than that. H1B is a visa and a status. As long as you have a valid H1b status, you can stay in the US indefinitely. Having a physical visa in your passport is optional, you only need it when you want to cross back into the US.

Correct.

Some DMVs like to pretend they are USCIS and they want to see the physical visa in your passport. Annoyed me to no end.

Re: Updates to H-1B

#266

Post by outworlder »

Hilift wrote: post #228
kqgnkqgn wrote: post #120

Seem like sensible changes, though more is still needed. Requiring H1B holders to leave the country to renew paperwork is an insane anachronism. The per-country caps also seem like a throwback to the early 1900's era immigration exclusion policies. Re: the concerns over "immigrants taking our jobs!". As a native-born American working in a large tech company today - the threat is very clearly not from H1B's and other…

> leave the country to renew paperwork is an insane anachronism Not really. This is really Customs and Border Patrol/Immigration way of saying, you can always do the default/what everyone else does. You can leave and return six months of the year. The key is leave (which they do), they are already declared non-immigrant, and are self-sufficient.

Not sure what you are talking about. This is about H-1B, aka dual-intent visas. You can have immigrant intent.

Also, if you leave for six months, how are you even working in the US? Which is the point of the visa.

Re: Updates to H-1B

#267

Post by pockmarked19 »

lurker616 wrote: post #240
pockmarked19 wrote: post #163

Earlier quoted context omitted.

[flagged]

Another complication - H1Bs are valid for 6 years. However, the physical paper stamp given on passports is only valid for 3 years at a time. So if I chose to stay in the US (and not travel internationally) I'd be fine to continue working without renewing my physical visa paper stamp. But to get a new physical stamp, I have to re-enter the country every 3 years. How does that make sense?

> But to get a new physical stamp, I have to re-enter the country every 3 years. How does that make sense?

Why do you need a new physical stamp at all if you are not re-entering? I think your argument is backwards here. What I think you’re asking is “why can I stay in the country without taking this step, but I have to take this step to re-enter.”

Well, because when you leave the country you are subject to certain laws. Even a permanent resident cannot just leave and expect to come back whenever without consequence. Even a person eligible to apply for citizenship must meet a minimum threshold of presence.

Now, your question becomes “why are the laws the way they are” and/or “why doesn’t the law make sense”. I conjecture that these situations are particularly fringe for our legislators so they don’t get a ton of attention, and they make just enough sense to remain as is.

Re: Updates to H-1B

#268

Post by ashconnor »

HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

As a non-immigrant to the United States, I don't really buy into the idea that companies prefer H1B candidates purely for financial reasons. The H1B process is frankly a rigid, unreliable and time-consuming process.

It's hard for even Canadians and Mexicans to find jobs in the US and we have access to the supposedly easy to obtain TN visa. Australians too with E3.

I'm more inclined to believe that H1B workers have other benefits to employers such as longer tenure due to the restrictions of moving jobs.

Which in itself should be an argument for further liberalization say by giving I140 approved petitioners access to EADs.

Re: Updates to H-1B

#269

Post by pockmarked19 »

outworlder wrote: post #262
pockmarked19 wrote: post #163

Earlier quoted context omitted.

[flagged]

> The reason you have to leave the country is because it is not a “renewal” it is a “re-approval” and if you are denied they don’t have to deport you if you’re already out. No. You only have to leave the country to have the visa stamp on your passport. That has no bearing on you being authorized to stay or work in the country.

The visa is not renewable, is what I meant.

Re: Updates to H-1B

#270

Post by outworlder »

crmd wrote: 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?

The program exists to brain drain other countries of talent. It's very successful at that.
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