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House votes to end country limits for skilled workers seeking green cards

washingtonpost.com

1–10 of 48 posts

Re: House votes to end country limits for skilled workers seeking green cards

#2
> Still, because there will be no increase in visas issued, there will be losers. Hosin “David” Lee, president of the Korean-American Scientists and Engineers Association, said the bill would force engineers from South Korea to wait an additional two years in their immigration process to get green cards.

Didn't expect that.

Re: House votes to end country limits for skilled workers seeking green cards

#3
post #2

> Still, because there will be no increase in visas issued, there will be losers. Hosin “David” Lee, president of the Korean-American Scientists and Engineers Association, said the bill would force engineers from South Korea to wait an additional two years in their immigration process to get green cards. Didn't expect that.

Yeah, basically Indians and Chinese gain but everyone else loses.

Re: House votes to end country limits for skilled workers seeking green cards

#4
The article ends with "U.S. employers are prohibited under law from hiring foreign workers unless they show there are not sufficient U.S. workers willing and able to take the jobs."

I am fairly sure that is not what the law says though, although I am aware it is often claimed (I suspect falsely) there is such a law.

Actual requirements are here. They don't have to show anything, they just have to attest that in their belief the hiring won't "adversely affect" the "working conditions" of american workers "similarly employed", that there is not currently a strike going on when they bring in the new people, and that they have posted conspicuously a notice of intent at their place of business.

http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#lcare...

Re: House votes to end country limits for skilled workers seeking green cards

#5

The article ends with "U.S. employers are prohibited under law from hiring foreign workers unless they show there are not sufficient U.S. workers willing and able to take the jobs." I am fairly sure that is not what the law says though, although I am aware it is often claimed (I suspect falsely) there is such a law. Actual requirements are here. They don't have to show anything, they just have to attest that in their…

I've definitely seen that specific wording when I had to work with my company's legal to process a H1B (or for GC perhaps). It's strange that they'd use that very language everywhere if the law says something completely different. What's in it for them?

Re: House votes to end country limits for skilled workers seeking green cards

#6
I'm Canadian and a year ago I left the U.S. for Australia (my wife is Australian) primarily because I did not consider it worth it to stay in a lousy job for at least another two years for the possibility of getting a green card. This vote changes nothing about the logic of my decision (in fact it would likely have made my wait longer because I'm not Indian or Chinese).

The primary problem with the U.S. green card system for skilled workers is that you are at the mercy of your employer, and the whole application process restarts if for whatever reason you change employers. This vote does nothing to change that.

Even more ironic, now that I am no longer in the U.S. on a work visa, I have more freedom to start a business targeting U.S. customers.

Re: House votes to end country limits for skilled workers seeking green cards

#7

The article ends with "U.S. employers are prohibited under law from hiring foreign workers unless they show there are not sufficient U.S. workers willing and able to take the jobs." I am fairly sure that is not what the law says though, although I am aware it is often claimed (I suspect falsely) there is such a law. Actual requirements are here. They don't have to show anything, they just have to attest that in their…

Actually, it's more farcical than you're thinking. Suppose I have a foreign employee that graduated in the US, and has worked for my company (on a valid OPT, followed by an H1B) for several years. In order to progress to the Green Card stage, I must prove that there are no other Americans that are suitably qualified, and willing to do the job. Thus, I have to put up an advert for the job, and interview applicants. That's why you'll see very narrowly defined job criteria advertised in newspapers : They're designed to prevent anyone but the current employee (who, after all, is the one that currently has the job) from getting the job.

But then there's a matter of 'prevailing wage' : Whereby one has to define the job to be as menial as possible (so that the employee doesn't suddenly expect a much higher wage bracket), while still making it demanding enough that all their qualifications are 'essential'.

And once the initial paperwork is filed, they're then bound to you for years while waiting in line, since if they lose their job (or have a change in job title), they have to restart the whole process.

Large numbers of people are trapped in bizarre employment situations, waiting on unbelievable bureaucracy - never able to complain on the offchance that the person they're talking to might be having a bad day and send all the documents back (and restart the process)...

Re: House votes to end country limits for skilled workers seeking green cards

#8
post #7

The article ends with "U.S. employers are prohibited under law from hiring foreign workers unless they show there are not sufficient U.S. workers willing and able to take the jobs." I am fairly sure that is not what the law says though, although I am aware it is often claimed (I suspect falsely) there is such a law. Actual requirements are here. They don't have to show anything, they just have to attest that in their…

Actually, it's more farcical than you're thinking. Suppose I have a foreign employee that graduated in the US, and has worked for my company (on a valid OPT, followed by an H1B) for several years. In order to progress to the Green Card stage, I must prove that there are no other Americans that are suitably qualified, and willing to do the job. Thus, I have to put up an advert for the job, and interview applicants. Th…

> And once the initial paperwork is filed, they're then bound to you for years while waiting in line, since if they lose their job (or have a change in job title), they have to restart the whole process.

This is precisely why I decided it wasn't worth waiting. Too much risk with too many restrictions for too little upside.

Re: House votes to end country limits for skilled workers seeking green cards

#9
post #3
post #2

> Still, because there will be no increase in visas issued, there will be losers. Hosin “David” Lee, president of the Korean-American Scientists and Engineers Association, said the bill would force engineers from South Korea to wait an additional two years in their immigration process to get green cards. Didn't expect that.

Yeah, basically Indians and Chinese gain but everyone else loses.

..their unfair advantage.
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