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USCIS Reaches 2014 H-1B Cap

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Re: USCIS Reaches 2014 H-1B Cap

#21

Post by joonix »

pslam wrote: post #17
PeterisP wrote: post #14

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…

> 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. 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…

The biggest H1B employers are large IT consulting companies that do a round-robin of cheap Indian IT workers to work in the US and then go back home. The prevailing wage requirement is not grounded in reality. If it were, why would you bring IT consultants from India rather than hire domestically?

Re: USCIS Reaches 2014 H-1B Cap

#22

Post by joonix »

cletus wrote: post #20

Wow, I had no idea the H1B system reverted to a lottery at some point. I thought it was just a first-come first-served system. That just... sucks. 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 tw…

> (but you do need to leave the country to apply; you can't adjust status while in the US).

That's actually not true[1]. You can change status to an E-3 from within the US by filing Form I-129.

[1] http://1.usa.gov/boasGi

Re: USCIS Reaches 2014 H-1B Cap

#23

Post by acgourley »

jdross wrote: post #7

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.

It is insane. Despite getting in by April 1st we're now waiting on the lottery results to see if our first engineering hire can stay in the country. It's going to be extremely disruptive both to him and to us if he can't stay. Stupid.

Re: USCIS Reaches 2014 H-1B Cap

#24

Post by manishsharan »

fyi - Exemption for U.S. Master's Degree:

Under the law the first 20,000 H1B petitions that are filed on behalf of foreign nationals that have earned an advanced degree from a U.S. institution of higher education are exempt from the USCIS H1B quota. This essentially creates a separate pool of 20,000 additional H1B visa numbers each fiscal year that are available only to those foreign nationals who have earned a Master's or higher graduate degree from a US institution of higher education.

src :http://www.visapro.com/Immigration-Articles/?a=1090&z=48

Re: USCIS Reaches 2014 H-1B Cap

#26

Post by PeterisP »

pslam wrote: post #17
PeterisP wrote: post #14

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…

> 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. 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…

I know that is already [supposed to be] illegal, however, there are valid complaints (such as [1]) that this is happening on large scale in a formally legal way.

My proposal should hopefully be more resistant to such manipulations.

Furthermore, if you have a genuine need to import talent, you should state that you're willing to pay not 'prevailing wage' but above that.

[1] http://www.computerworld.com/s/article/9215405/H_1B_pay_and_... quoting "U.S. Rep. Zoe Lofgren, a Democrat whose Congressional district includes Silicon Valley .... the average wage for computer systems analysts in her district is $92,000, but the U.S. government prevailing wage rate for H-1B workers in the same job currently stands at $52,000, or $40,000 less."

Re: USCIS Reaches 2014 H-1B Cap

#27

Post by jeremyjh »

pslam wrote: post #17
PeterisP wrote: post #14

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…

> 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. 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…

As a hiring manager for a large company where I have personally hired sponsored H1B workers, I can tell you that what the employer demonstrates is a perfunctory notice in the workplace, which is worded in a precise way to fulfill all legal requirements and completely confound anyone who may have an interest in knowing a position is (not really) open. 90% of people if you showed them this piece of paper they would not even understand it relates to a job opening.

Now in my case, I was always hiring people who I considered to be very strongly skilled (relative to peers working in industry). But having also hired contractors I also know that a lot of the body shops will bring in people and charge them at rates that leave no room for doubt that they are low-skill/low-quality/under-paid.

Re: USCIS Reaches 2014 H-1B Cap

#28

Post by untog »

WildUtah wrote: post #5

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…

Up for bid would be terrible news for the startup industry. It would be impossible for any startup (that desperately needs developers) to hire outside of the country.

Re: USCIS Reaches 2014 H-1B Cap

#29

Post by phunge »

jdross wrote: post #7

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.

If & when the immigration overhaul happens in Washington, I believe this is slated to get fixed -- higher ed students at US institutions would have an automatic path to permanent residence after graduating.

I haven't followed the immigration reform process since it first broke a few months ago, but as of January the proposals definitely included something addressing this.

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