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India's Tata Consultancy Was Gaming the US Visa System

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Re: India's Tata Consultancy Was Gaming the US Visa System

#21
post #9

I've had a rule for many years: "it will be gamed, no exceptions." All systems, economies, markets, etc. will be gamed.

> I've had a rule for many years: "it will be gamed, no exceptions."

No shit. The point is figuring out how. Both to game and to be gamed.

Re: India's Tata Consultancy Was Gaming the US Visa System

#22
post #7

The easiest way to solve this is to salary rank the H1B applicants. Those with the highest salaries get picked; not the ‘lucky ones’ that get through a lottery, which puts a PhD from MIT and a new hire at Tata from a no name school in India on equal footing. And I say this as someone who was on H1B. The current system benefits no one but these visa mills. Edit: for grammar

Where there's a will, there's a way.. It would complicate some of these "games", but I'm sure they would implement a kickback system where the person would receive a great salary but it had a "side contract" where it would be required to pay most of it to another company, or just straight up fraud..

If you throw out every possible design because you can't detect fraud perfectly, you'll never have any solution to anything. The questions we actually need to answer are:

* Does compliance with the law create the behavior we want or does the law itself incentivize bad behavior?

* Can we reasonably detect a large enough percentage of fraud that the distortion to the system will be minimal?

On the second point, see patio11's The optimal amount of fraud is non-zero [0].

People better qualified than I am should analyze anything before we implement it, but at face value I'd guess that OP's proposal stands a good chance of being much better at both metrics than the current system (which is hardly fraud-free).

[0] https://www.bitsaboutmoney.com/archive/optimal-amount-of-fra...

Re: India's Tata Consultancy Was Gaming the US Visa System

#23
post #7

The easiest way to solve this is to salary rank the H1B applicants. Those with the highest salaries get picked; not the ‘lucky ones’ that get through a lottery, which puts a PhD from MIT and a new hire at Tata from a no name school in India on equal footing. And I say this as someone who was on H1B. The current system benefits no one but these visa mills. Edit: for grammar

The goal of H1B isn’t to simply suppress wages for the highest paying professions, it’s to make up shortfalls. Lack of high school French teachers in Alaska can be an issue not just a lack of programmers with an AI background.

As such, if only one applicant for underwater welding is submitted the industry likely doesn’t require extra workers even if you’re willing to pay 500k/year. I’d still weight things so people paid 5x as much have 5x as likely to be picked which would discourage company’s submitting hundreds of applications for lower wage jobs.

PS: These were L-1A applications not H1B. https://en.m.wikipedia.org/wiki/L-1_visa

Re: India's Tata Consultancy Was Gaming the US Visa System

#24
post #7

The easiest way to solve this is to salary rank the H1B applicants. Those with the highest salaries get picked; not the ‘lucky ones’ that get through a lottery, which puts a PhD from MIT and a new hire at Tata from a no name school in India on equal footing. And I say this as someone who was on H1B. The current system benefits no one but these visa mills. Edit: for grammar

IMHO anything other than making it a meritocracy wouldn't work. Just remove governmnet bureaucracy from the hiring process, abolish work visas and if you are worried about the local workers help them some other way(pay them UBI, provide them with training that can make them more valuable - I don't know what works for specific case but nationality is not a merit).

Do you know how do they game the minimum salary requirements? They pay the worker the minimum and then the worker pays back the difference over the actual salary they agreed. Depending on the jurisdiction the implementation will change.

Re: India's Tata Consultancy Was Gaming the US Visa System

#27
post #11

Theres nothing new here. Everyone knows, when you join outsourcing orgs in India, the goal is to go on-site. There is lot of internal politics and toxicity to be in that position to go onsite. Recently, I have seen these orgs. do the same in europe. They are just bombarding the system with applications. What is the motivation you ask? For billable resource, rates are different for resource when they are on-site vs of…

This has been going on for decades and everyone in the industry knows it. Articles like these are simply propaganda to make it seem like something‘s being done about the issue. The system is and has been completely broken and, like most of the immigration policy in the US, it is a façade with the sole purpose of providing cheap labor for US corporations. There are plentiful capable US engineers available to be hired…

Corporations exploiting cheap labor is a bipartisan issue in the US. There doesn't seem to be any knobs that can be turned to go after corporations for exploiting cheap but legal immigrant labor. What can any administration do? "You didn't break the law, but we don't like you" isn't going to stand up in court.

What the current administration is trying to do that WILL impact corporations is raise tariffs. This will raise the cost of production overseas and on-shore some business, which will increase the demand for labor domestically.

Many people argue that this will cause inflation. I don't think it will. Consumers cannot pay with more money than they have. If some country in Asia wants to sell their wares for $10 usd, and the consumer only wants to pay $9, guess what? They're only getting $9 for the goods.

Many countries are promising reciprocal tariffs, though that's what the current administration is attempting to impose. This is also great for Americans. That means corporations have to sell goods overseas for less, meaning there is less competition for their products, which means Americans can buy for less. Corporations will HAVE to accept lower margins.

It would be great if a bill could be passed to completely eliminate all white-collar immigration. We have enough talent in this country, and the other countries need it more.

Re: India's Tata Consultancy Was Gaming the US Visa System

#28
This story is missing some details about L-1 visas - most notably that you have to work for a year in an overseas office for the company that has a US office before they can use an L-1 to transfer you.

Wikipedia is useful on this: https://en.m.wikipedia.org/wiki/L-1_visa

Re: India's Tata Consultancy Was Gaming the US Visa System

#29
post #7

The easiest way to solve this is to salary rank the H1B applicants. Those with the highest salaries get picked; not the ‘lucky ones’ that get through a lottery, which puts a PhD from MIT and a new hire at Tata from a no name school in India on equal footing. And I say this as someone who was on H1B. The current system benefits no one but these visa mills. Edit: for grammar

There is a reason why the H1B exists

You are trying to kill the reason make it exist

Re: India's Tata Consultancy Was Gaming the US Visa System

#30
post #7

The easiest way to solve this is to salary rank the H1B applicants. Those with the highest salaries get picked; not the ‘lucky ones’ that get through a lottery, which puts a PhD from MIT and a new hire at Tata from a no name school in India on equal footing. And I say this as someone who was on H1B. The current system benefits no one but these visa mills. Edit: for grammar

Where there's a will, there's a way.. It would complicate some of these "games", but I'm sure they would implement a kickback system where the person would receive a great salary but it had a "side contract" where it would be required to pay most of it to another company, or just straight up fraud..

This would not be quite that easy to circumvent.

The main appeal of H1B abuse is cost effectiveness. If you ruin that by forcing competitive salaries (to even get the H1B in the first place), then that ruins the whole point (and companies are going to engage less in it, i.e. only when needed/"intended").

There is also a huge difference between dealing with a consultancy agency that you suspect engages in "creative visa workarounds" and straight up comitting fraud (=> higher risk, possibly even personal, makes for a much stronger incentive).

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