Live data from Hacker News

The next US president won’t be great for H-1B visas

qz.com

51–60 of 93 posts

Re: The next US president won’t be great for H-1B visas

#51
post #50
post #49

Earlier quoted context omitted.

A tax paying non citizen is a constituent

How can a non citizen pay taxes?

Is this a joke?

The US is EXTREMELY happy to collect taxes from people around the world and to call them resident aliens for tax purposes if they stay in the country for more than half a year or a given combination of days in the preceding 4-5 years.

Re: The next US president won’t be great for H-1B visas

#52
post #41
post #23

Earlier quoted context omitted.

Having some level of diversity from other countries doesn’t sound like a bad idea. No. H1B is a skills based visa and not diversity/family based. The only thing that should matter are the skills and not the country they come from. Steps should absolutely be taken to ensure the system can't be gamed and that only well qualified applicants get selected.

Enforcing diversity is a way to prevent gaming. If the only thing that should matter is skills, it wouldn't make sense in any realistic scenario that 75% of H1Bs are coming from a country with 15% of the population.

Except the whole world isn't really competing for those Visas. The appeal of the H1B is the difference in quality of life between the home country and the US. It's not like the everyone in the world has a burning desire to pay California rent.

Re: The next US president won’t be great for H-1B visas

#53
post #50
post #49

Earlier quoted context omitted.

A tax paying non citizen is a constituent

How can a non citizen pay taxes?

I am not a citizen, but pay taxes(not US). In most cases it's not the citizenship that matters for taxes, but person's fiscal residency and normally it's where you live more than 6 months in a year.

Of course, being a US citizen it's a little bit different, you have to declare and sometimes pay the taxes in different countries.

Re: The next US president won’t be great for H-1B visas

#54
post #41
post #23

Earlier quoted context omitted.

Having some level of diversity from other countries doesn’t sound like a bad idea. No. H1B is a skills based visa and not diversity/family based. The only thing that should matter are the skills and not the country they come from. Steps should absolutely be taken to ensure the system can't be gamed and that only well qualified applicants get selected.

Enforcing diversity is a way to prevent gaming. If the only thing that should matter is skills, it wouldn't make sense in any realistic scenario that 75% of H1Bs are coming from a country with 15% of the population.

> If the only thing that should matter is skills, it wouldn't make sense in any realistic scenario that 75% of H1Bs are coming from a country with 15% of the population.

It would if that's where most of the people with both skills and the view that the US is a better place to sell them than where they currently live are.

Skills being the only thing that matter on the US side doesn't stop other factors from mattering on the other side.

Re: The next US president won’t be great for H-1B visas

#55
post #50

Earlier quoted context omitted.

How can a non citizen pay taxes?

Is this a joke? The US is EXTREMELY happy to collect taxes from people around the world and to call them resident aliens for tax purposes if they stay in the country for more than half a year or a given combination of days in the preceding 4-5 years.

Why aren't they kicked out? Why do people need green cards if they can stay?

Re: The next US president won’t be great for H-1B visas

#56

Auction, auction, auction - but not with fees, with salaries. Set a cap on number of entrants, and then "auction" the slots. Adjust the cap on entrants annually. No showing of specific market need required, or educational background of the applicant. Just criminal background and health checks on the applicant. The bid is the (gross) pay of the role with a minimum commit of 36 months. Winning bids are paid to the empl…

> Auction, auction, auction

This is how labor was brought in from Africa not too long ago. I agree a market solution is probably the least unfair one. But, as a country, America should not make the same past, historical mistakes.

Re: The next US president won’t be great for H-1B visas

#57
post #25

Earlier quoted context omitted.

> The current administration tried using executive action and regulatory approaches to fulfil their agenda and both keep getting struck down in courts. The new upward revision in wage levels are also expected to have the same fate. There is simply very little regulatory leeway on H1B visas since they are encoded in law. That’s not accurate. The original law in the 1960s was designed to be very different, and one of t…

Immigration laws were passed and signed even after 1960s. Since I only focused on H1B in my original comment I will only seek to address that point. H1B changes were not implemented by administrative fiat. The AC21 act was passed to provide unlimited H1B extensions with an approved employment-based immigration application. https://en.m.wikipedia.org/wiki/H-1B_visa

Kind of. H-1B is still supposed to be a guest worker visa. INS didn’t enforce that requirement prior to 1990, but state department did: https://bipartisanpolicy.org/blog/the-convoluted-path-from-h.... Which led to H-1B’s being unable to leave the country until receiving permanent residency status because state department often wouldn’t issue return visas for people who obviously intended to immigrate permanently. The dual-intent EB system was created in 1990 to alleviate the pain from that, but there still wasn’t real agreement on a permanent immigration visa. That’s an example of how executive action has been used to force Congress to make changes to avoid negative consequences to immigrants who are already here but stuck in limbo. (DACA is another example of that. The President can’t grant legal status to undocumented childhood arrivals, but can trigger a situation by executive action that forces Congress to choose between effectively allowing more permanent immigration and imposing negative consequences on sympathetic people.)

Under the 1990 dual intent system, you basically say “for now I want to just work temporarily, but if a spot opens up I might be interested in staying.” In theory, the government should be able to say: “okay, well, no green cards for the foreseeable future” and H1-Bs would say “okay, I’ll wait for a spot to open up” or “okay, I’ll go home.”

But of course that’s not what happens: https://www.nytimes.com/2020/04/21/us/politics/coronavirus-t.... People flip out because they (for obvious reasons) view the H1-B as the first step to a more or less guaranteed path to permanent residency and citizenship.

The current immigration system is a complete clusterf—-ck. It’s not fair to voters, who have the right to have an immigration policy that actually reflects what Congress enacted. It’s also not fair to “guest workers” who get stuck in a precarious limbo.

Re: The next US president won’t be great for H-1B visas

#58
post #39

Auction, auction, auction - but not with fees, with salaries. Set a cap on number of entrants, and then "auction" the slots. Adjust the cap on entrants annually. No showing of specific market need required, or educational background of the applicant. Just criminal background and health checks on the applicant. The bid is the (gross) pay of the role with a minimum commit of 36 months. Winning bids are paid to the empl…

I have a startup, 4 in US, 10 in India - top tier engineers. I just hired my first H1B - while we pay well - bidding and salary escrow will just favor the big 5 - they are starving startups of talent in bay area any way. Investors want me to get traction with $2M, our needed engineers are at $600-$800k comp (300 base) how do I make it work? Regulation has unintended consequences. As an example trying to save retails…

> Investors want me to get traction with $2M, our needed engineers are at $600-$800k comp (300 base) how do I make it work?

Are you admitting that you want to hire H1B in order to find cheaper people?

If you can't find any local people to employ, then either you put your hand in your pocket to afford international or you can't afford to do business and your business model is broken.

Re: The next US president won’t be great for H-1B visas

#60
post #55

Earlier quoted context omitted.

Is this a joke? The US is EXTREMELY happy to collect taxes from people around the world and to call them resident aliens for tax purposes if they stay in the country for more than half a year or a given combination of days in the preceding 4-5 years.

Why aren't they kicked out? Why do people need green cards if they can stay?

People with green cards, by definition, are not citizens.
Post reply on HN