Earlier quoted context omitted.
Is there any data on this at all?
H-1B is a non-immigrant work visa. This should be enough information for you to understand the incentives.
Oracle files H-1B visa petitions amid mass layoffs
321–330 of 350 posts
Re: Oracle files H-1B visa petitions amid mass layoffs
#322Earlier quoted context omitted.
> it's both a temporary working visa and a path to a Green Card. It's not though. It's a DoS policy wrt of issuing non-immigrant visas. >Yes, the government issues I-140s to H1-Bs So? The government issues I-140s to non-H1Bs too. Not having any US visa and never having set foot in the US is "a path to Green Card" if H1B is one too. >I think just Googling 'H1-B dual intent'' I was hoping you'd do that and find for you…
This might not be a fruitful discussion because I get the impression you're a bit ideologically dug in on this. I would like to think my subject matter expertise is reasonably high given that this intersects with my IRL job. But yes: "Congress enacted INA § 214(b) in 1990, explicitly excluding H-1B visas (under INA § 101(a)(15)(H)(i)) from the presumption that nonimmigrant applicants are intending immigrants. Unlike…
Re: Oracle files H-1B visa petitions amid mass layoffs
#323It's always puzzled me that layoffs don't result in a temporary bar from using the H1B system like it does for filing PERMs with the DoL.
They should also trigger holds on bunch of other operations, like stock buyouts or sales by people with active or recent relationship to the company
Re: Oracle files H-1B visa petitions amid mass layoffs
#324What I’m not clear on - how many of these H1B hires are subject to the EO that jacked up the fee to $100k per person? Assuming even just 100 of them were, that’s still ten million USD (assuming I didn’t visualize the zeroes in my head wrong…), and a really large fee to justify to the board if you’re otherwise paying “roughly the same” in salary. Productivity is going to basically break even anyway after a few years.…
Re: Oracle files H-1B visa petitions amid mass layoffs
#325To all the folks here complaining that there is plenty of talent in the US to fill those roles: Honestly tell me: Would you ever apply to Oracle for a job?
Eventually yeah.
Re: Oracle files H-1B visa petitions amid mass layoffs
#326Earlier quoted context omitted.
This might not be a fruitful discussion because I get the impression you're a bit ideologically dug in on this. I would like to think my subject matter expertise is reasonably high given that this intersects with my IRL job. But yes: "Congress enacted INA § 214(b) in 1990, explicitly excluding H-1B visas (under INA § 101(a)(15)(H)(i)) from the presumption that nonimmigrant applicants are intending immigrants. Unlike…
I am just factually dug on this. You are correct that H1B applicants can intend to immigrate. It's what "dual intent" means. It does not mean the H1B is an immigrant visa or a "path to a Green Card" like you claimed originally. The CATO is not a government and them saying it's a "bridge" is not different than redditors saying so. This is why I asked you for a government statement. There is not one, because it's illeg…
Congress also added INA §214(h). In the 1990 Act, that new subsection said, in substance, that being the beneficiary of a preference petition under §204, or otherwise seeking permanent residence, does not count as evidence that the person intends to abandon a foreign residence for H(i)/L purposes. That is the clearest statutory confirmation of dual intent.
"Congress originally intended H-1B to permit temporary work status while also allowing pursuit of permanent residence. The House Judiciary Committee report reinforces that reading. It had a section titled “Dual Intent” and explained that this problem was especially burdensome for H and L beneficiaries, and that the bill treated the filing of an immigrant petition as not, by itself, proof that the person meant to abandon a foreign residence" (attached link is the legislative history) https://niwaplibrary.wcl.american.edu/wp-content/uploads/HR-...
"Congress added INA §214(h), providing that pursuit of permanent residence “shall not constitute evidence” of abandoning a foreign residence for H(i)/L nonimmigrants" https://www.justice.gov/sites/default/files/eoir/legacy/2009...
"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)" https://uscode.house.gov/view.xhtml?req=%28title%3A8+section...
Re: Oracle files H-1B visa petitions amid mass layoffs
#327Earlier quoted context omitted.
The presupposition behind that question is that immigration is a necessary evil to be limited as much as possible. I am not American, but that strikes me as an ironic position for Americans to take.
Why? Seems in line with prior oscillations on sentiment toward immigration.
Re: Oracle files H-1B visa petitions amid mass layoffs
#328Earlier quoted context omitted.
> corporate America has been decent to me. But I’m in my 50s and working on my exit plan and have been in the country I plan to retire to now for six weeks. Crazy take to think the morally correct move is to capitalize on the virtuous parts of America, then leave when it's at its most vulnerable. Here's to hoping the rest of your generation is willing to fight to bring back the country that allowed you to prosper.
I voted for an advocated for “progressive”/safety net policies all of my adult life. But why should I fight for people who would care less if they saw me hanging from a tree? I don’t owe a country that sees me as less of person as anything. No I’m not saying everyone is racist. My fight is closer to being done than starting. In the country I’m in right now (and have been for four weeks), the police don’t look at me s…
Re: Oracle files H-1B visa petitions amid mass layoffs
#329Earlier quoted context omitted.
> Ultimately, companies who use H1B visas will outcompete companies who don't because the H1B system gives them cheaper labor costs. The solution has to come at the regulatory level. I have utmost respect of your work, a customer of your fantastic product and have been meaning to reach out to you for a while (infact I learned about Cory from your blog in 2021) but I had to push back hard on this. TinyPilot didn't hap…
Thanks for the kind words! To clarify, I certainly agree it's possible for a business to succeed without using H1B visas, especially for something small at the the scale of TinyPilot (7 people when I sold). I just mean on a large scale, the companies that use H1B visas will generally outcompete the ones that don't. What's the cost difference between a US citizen and an H1B? I'd guess it's something around 20% less ex…
You deserve and earned them!
> There's so much frictional cost to hiring someone on an H1B visa (legal fees, admin overhead) that it's not practical if you're only hiring 1-2 employees
Very true but as you saw in my email, I have extremely experienced friends back in India who I have been able to hire as contractors without issue. No H1B - just plain old Slack, email and Forgejo. The playbook for asynchronous work is well tested and debugged by now. 2019 was a blessing.
I will concede, this doesn't work for every company - a hardware or biotech company definitely would appreciate people all being together in the same physical lab, in which case I hear you!
> the government designed it to be employer-agnostic
... but the government cannot be employer-agnostic, Michael.
The government is not an impartial, unbiased mainframe running in a DC somewhere. It's a group of people accepting and pushing policy who can be influenced, just like I am influencing your today, and you, me.
As an SMB and bootstrapped founder, you then have to choose between spending your time and efforts on being at the influencing table vs making actual design and business decisions at your startup the moment you yield influence to this group.
The bigger business simply doesn't have to make that decision. So don't help tip the scales further against yourself and SMBs like you.
That's one of my points that I was hoping to discuss in our email - that involving the government adds further overhead, resistance and expense into the system, so we should exhaust all other options before we even consider it. I personally have never seen an option that needed government intervention that couldn't be solved by the free market. I don't work in healthcare or education or finance - maybe those do require government intervention - I am entirely unfamiliar about those domains and not talking about them.
The other interpretation of being employer-agnostic is that the H1B isn't tied to a "sponsoring company" and doesn't require any of the transfer shenanigans. Sure, but the issue it isn't that way is because it's a rare "dual intention" visa in that, you are a non-immigrant who can become a citizen through the H1B. This was a feature added to the H1B to entice top quality talent. The problem with making the H1B employer-agnostic is that now you can I can start a perfectly legal, fantastic lifestyle businesses hiring H1Bs, petitioning for their greencards and immediately letting them go. As long as they can figure out a way to eat and sleep, they can now become citizens. So for it to be employer-agnostic, we need to remove the "dual intention" - the very carrot employers use (if you tough it out through all those JIRA tickets, you'll get to be a citizen!)
> I just mean on a large scale, the companies that use H1B visas will generally outcompete the ones that don't.
This is where I continue to push back. I was hoping to discuss over email but do you feel you could have built TinyPilot at either MS or Google, not as a side project but as an official product offering? I don't want to get too tied up into the specific features that TinyPilot offers - I'm using it as a proxy for a very useful, innovative product that provably solves real customer problems.
At the large scales where H1B makes sense, you as a major decision maker at the company wouldn't allow a worker with a risky status like the H1B be responsible for high impact, meaningful pieces of work. Actually, forget H1Bs - at the large scales where H1B makes sense, you would simply not entrust a single individual, H1B or not, with high impact, meaningful pieces of work.
If we disagree on this take, please say so - I am here to learn and listen.
The original intention of the H1B was to handle temporary supply shocks in knowledge work while the U.S. slowly fixed those supply constraints on its own.
If avocado toasts became an overnight sensation, the H1B was a way to provide breathing room to local avocado farms so the demand could sustain or grow (and not collapse) while they came up to speed to meet that sudden demand.
The H1B wasn't designed to be a way to absolutely wipe out local avocado farms because it's cheaper to just import avocados from Mexico.
The H1B has completely diverged from that and going in the opposite direction where it's actively and negatively impacting domestic markets. Massive corporations in Asia have grown whose sole business model is exploiting this geographical arbitrage and nothing else.
What piece of critical, useful software that has had a mention on HN can you name or recall that has come out of these many mutibillion dollar outsourcing giants?
A $60k/yr salary as a resident doctor is fantastic if you did most of your education in Asia but if you attended medical school anywhere in the U.S. and didn't have a 100% scholarship, you're starting your life off in crippling debt.
During COVID, there was an explosion of domestic coding bootcamps to address the supply constraints - this is precisely the kind of domestic corrections we, as the U.S. need to encourage and develop local talent, get them educated and motivated about tech, but these bootcamps require an investment that in Asia covers education, boarding and lodging without any scholarship. There's just no competition when it comes to cost. We in the U.S. have an extremely high quality of living and our CoL reflects that. As I wrote in my email, things we take for granted here - running water (not potable, just water that you could water your plants with), 24x7 electricity and internet - these are still unavailable where I was born, so of course, the CoL is cheaper. Way cheaper.
One might say, "OK then, free markets for the win" - that itself is a separate debate on its own.
Re: Oracle files H-1B visa petitions amid mass layoffs
#330Earlier quoted context omitted.
I am just factually dug on this. You are correct that H1B applicants can intend to immigrate. It's what "dual intent" means. It does not mean the H1B is an immigrant visa or a "path to a Green Card" like you claimed originally. The CATO is not a government and them saying it's a "bridge" is not different than redditors saying so. This is why I asked you for a government statement. There is not one, because it's illeg…
"The key move was Congress’s amendment to INA §214(b), the provision that says every visa applicant is presumed to be an intending immigrant unless they prove otherwise. In 1990, Congress inserted an exception for H(i) and L nonimmigrants — i.e., it carved them out of that presumption. The current codification notes still show that this came from Pub. L. 101-649 §205(b)(1)" https://www.justice.gov/sites/default/files…
>"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)"
Exactly! Do you even read what you pasted from the prompt?