11–20 of 101 posts
Having to worry about potential deportation in addition to the risks of a startup seem like an overkill. I'm probably going to move to Canada if my current startup fails (unlikely that it will). It is much easier to become a resident there. Additionally, I don't want my dating life to influenced by such decisions.
It's insane. I have a coworker who is an unbelievably talented and respected developer both at my company and in the open source community. He has been working on a student visa after he graduated from an Ivy League school in computer science last year. That the U.S. is even considering deporting him is batshit crazy to me.
Norm Matloff ( http://heather.cs.ucdavis.edu/h1b.html ) points out that "The H-1B work visa is fundamentally about cheap, de facto indentured labor."
Cringely points out ( http://www.cringely.com/2012/10/23/what-americans-dont-know-... ) that "H-1B visas are about journeyman techies and nothing else."
The evidence that the wealthy need more guest workers is just not compelling.
We need on the job training and good wages.
There can be a simple solution - instead of measuring requirements for "highly qualified workers" by forced advertisements where companies try to get no 'qualified' people to apply, and having an "adequate" salary with the current principle "average of the same job in US", which can be manipulated and abused, why not just set simple absolute criteria?
Make sure that H1B positions need to have a salary minimum of, say, $100k (or some fixed multiple of USA median salary to be future-proof). That immediately ensures that (a) H1B's are used for all professions where high skills are needed, without a need to enumerate them in laws; and (b) H1B's are used to import skills instead of cheap labor, as for less-skilled jobs it would be cheaper to hire locally.
It's long past time to put these up for bid instead of lottery. Companies that really need talent and will pay fairly for it are being held up by cheap CRUD labor sweatshop employers that file mountains of applications. If we met the serious needs first, measured reasonably well by willingness to pay, there would be more than enough visas. That's in addition to other reforms this program needs like the right to switc…
There is an abuse I have however heard of (sorry no citation): obtaining H1B visas for employees you never intend to bring to the US. This is due to how difficult it is to get work visas to the US, so you end up with an H1B "just in case" you need them to travel.
The right to switch jobs is another tricky one. The remit of an H1B is to place a foreign worker in a job role which has been demonstrated to be difficult to fill with a citizen. It does not replace an individual job. You can switch jobs with an H1B so long as the other job is the same job role (very much the same job responsibilities). This seems ok to begin with, but after several years it turns into a shackle because it's difficult for H1B workers, who by their nature are specialists, to switch to another job with the same specialist role. Combine that with the huge amount of time it can take to convert to a green card (5-10 years for some countries), and they're stuck in a job for most of a decade in an era where job hopping is common.
A big complaint seen about H1B process is that it's used to import cheap workers instead of great workers - i.e., not increasing USA quality, but allowing employers to decrease average wages by replacing supposedly expensive locals with cheaper H1Bs. There can be a simple solution - instead of measuring requirements for "highly qualified workers" by forced advertisements where companies try to get no 'qualified' peop…
It is illegal to do that. As part of the H1B process, an employer must demonstrate that a temporary H1B worker will be paid the prevailing wage, using the hiring record of others in the same job role. It is extremely expensive to go through the H1B process and certainly not worth it to get "cheap labor". If there's abuse like this, it's certainly not from the big employers, because it would never pass audit and it simply isn't cost effective.
A big complaint seen about H1B process is that it's used to import cheap workers instead of great workers - i.e., not increasing USA quality, but allowing employers to decrease average wages by replacing supposedly expensive locals with cheaper H1Bs. There can be a simple solution - instead of measuring requirements for "highly qualified workers" by forced advertisements where companies try to get no 'qualified' peop…
Just a note for those of you who are looking for foreign workers or if you're an Australian citizen: you can get an E3 visa (2 years, multiple entry, renewable ad infinitum). There is a cap for these too but AFAIK it's never been hit (in the 5+ year history). The E3 has two advantages over the H1B:
- there is no need to "prove" you can't find a domestic worker for your position; the only step required is the same LCA step H1B applications must do; and
- unlike on an H1B, spouses of those on an E3 visa are permitted to work (they get an E3D visa).
Also, you don't need to return to your country of origin (being Australia). You can do apply from Canada, the UK or wherever is most convenient (but you do need to leave the country to apply; you can't adjust status while in the US).