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Updates to H-1B

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Re: Updates to H-1B

#891

Post by coredog64 »

biztos wrote: post #538
yieldcrv wrote: post #464

Earlier quoted context omitted.

that's an assumption its just as likely that their process is auto-rejecting candidates and nobody has looked yet "After his HR department hadn't found a single candidate for a job, the manager submitted his own resume. It was auto-rejected." syndicated here https://www.yourtango.com/self/manager-proves-hr-system-auto... and the associated reddit comment that the articles are based off here https://www.reddit.com/r/c…

Veering off topic a bit, but I wonder what would happen if a company required that for any new hiring filter for Role X, it must pass everyone currently in Role X or above.

Anecdote: Amazon has a hiring bar that states that new hires have to be better than half of the current population in the role. Whether or not it’s adhered to, there’s a reasonable motive for doing so.

Re: Updates to H-1B

#892

Post by Jcampuzano2 »

snakeyjake wrote: post #342
HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

My employer cannot hire H-1Bs. You must be a US citizen to work for my company. No "US Persons" (visa holders) or foreigners allowed. You have to be eligible for a Secret security clearance. You don't have to get one if you don't want to as there is usually plenty of uncleared work to go around, but you have to be eligible in case that goes away and we need to put you in for a clearance. We cannot find qualified appl…

Without concrete numbers, all of this is worthless. How much do you pay for the roles you have a shortage, and where are you located so it can be compared with the market rate.

If your pay is anywhere below minimum 75th but more realistically 90th percent market rate in your area your answer is obvious and you are just BSing or your employer is gaslighting you to keep pay down.

All the criteria (required security clearance, no opportunities for remote work, knowledge of skills not used very much outside of schooling without allowances for relearning on the job, only US citizens, etc) you listed automatically creates a hurdle to entry that isn't made up for without significantly higher pay than market rate.

Re: Updates to H-1B

#893

Post by darth_avocado »

liontwist wrote: post #649
darth_avocado wrote: post #462

Earlier quoted context omitted.

Remember, H1B isn’t always about tech, even if we’d all like to pretend it is. You’ll have to have separate bidding process for different occupations, otherwise you’ll end up with a system where Facebook will get all the visas, while in some cases, doctors would not be sponsored.

Good. There is no shortage of doctors except the one created by accreditation cartel.

There absolutely is. Especially in underserved areas.

Re: Updates to H-1B

#894

Post by Jcampuzano2 »

gmueckl wrote: post #327
lupusreal wrote: post #277

Earlier quoted context omitted.

> I'm more inclined to believe that H1B workers have other benefits to employers such as longer tenure due to the restrictions of moving jobs. That is a financial motive. Companies don't want to pay the kind of compensation which would induce employees to be loyal to the company, and so they use H1B quasi-indentured servitude as a cheaper alternative.

It doesn't quite work that way. H-1B employees need to have above average compensation or their field. This is part of the application process.

Does that salary need to be above average at the time of hire, or throughout their entire tenure.

If its the prior then if an H-1B employee stays at a company for more than a few years it actually would come out to being cheaper overall, on top of them being more incentivized to just go with the flow and deal with any BS since their stay in the country depends on it. They have significantly less leverage than a US citizen to stay through grueling work conditions or toxic work environments.

Re: Updates to H-1B

#895

Post by Jcampuzano2 »

khazhoux wrote: post #689
patrickhogan1 wrote: post #16

Ah, classic regulatory theater. The administration, after 4 years of not introducing these changes, is now suddenly scrambling to roll them out. They’re dropping them right before a major transition, with an implementation timeline conveniently set for after the transition. It’s a clever little maneuver. When the inevitable reversal happens, they can show up at fundraising galas telling donors, “We tried! We were so…

It’s fascinating how many government policies take 3 years and 11 months to implement.

3 years and 11 months or 7 years and 11 months, conveniently with no middle ground in between.

Re: Updates to H-1B

#896

Post by EFreethought »

UncleOxidant wrote: post #440
edm0nd wrote: post #394

Earlier quoted context omitted.

a lot of these fed or sec clearance type jobs in VA/Maryland area.

They talked about manufacturing satellites, some of this aerospace stuff is in Alabama because a senator back in the 60s got some space contracts for the Huntsville area - good luck finding people who want to move to AL. Not saying that the poster is necessarily in AL, but if they are then that could be a reason they're not finding people.

Some people say that when you leave Huntsville you enter Alabama.

Granted, it is still a red state.

Re: Updates to H-1B

#897

Post by DiggyJohnson »

snakeyjake wrote: post #342
HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

My employer cannot hire H-1Bs. You must be a US citizen to work for my company. No "US Persons" (visa holders) or foreigners allowed. You have to be eligible for a Secret security clearance. You don't have to get one if you don't want to as there is usually plenty of uncleared work to go around, but you have to be eligible in case that goes away and we need to put you in for a clearance. We cannot find qualified appl…

Sounds like we work in similar worlds. I completely agree with your experience. I think its a balanced mixture of compensation and qualified applicants.

Re: Updates to H-1B

#898

Post by pavon »

akira2501 wrote: post #154
lesuorac wrote: post #40

Earlier quoted context omitted.

Eh downvote. The USG has to go through a very length period of coming up with a proposed rule. Allowing comments to be made about it, adjusting (or not) the rule based on those comments, and then finally submitting the final rule. Nobody at USCIS wrote this document yesterday and published this today. This is the result of years of work. Do you seriously expect the USG to shut down anything they don't think they can…

> has to go through a very length period Doesn't the bottom of this announcement describe a previous rule that was announced in January 2024 and then implemented in March 2024? Interesting that rules process was far more rapid than this one.

The announcement in January was the end of the process, not the start. Here is the timeline of that previous rule:

2021-02-02: President Biden issued Executive Order (E.O.) 14012[0]

2021-04-19: Request for Public Input begins[1]

2021-05-19: Request for Public Input ends[2]

2023-10-23: Notice of Proposed Rulemaking. Comment period begins[3]

2023-12-11: Comment period ends

2024-01-30: Final Rulemaking announced[4]

2024-02-02: Regulations are published in federal register[5]

2024-03-06: Rules take effect

[0]https://www.federalregister.gov/executive-order/14012

[1]https://www.federalregister.gov/documents/2021/04/19/2021-07...

[2]https://www.federalregister.gov/documents/2021/04/26/C1-2021...

[3]https://www.regulations.gov/docket/USCIS-2023-0005/unified-a...

[4]https://www.uscis.gov/newsroom/news-releases/uscis-announces...

[5]https://www.federalregister.gov/documents/2024/02/02/2024-01...

Re: Updates to H-1B

#899

Post by yieldcrv »

pandaman wrote: post #525
yieldcrv wrote: post #464

Earlier quoted context omitted.

that's an assumption its just as likely that their process is auto-rejecting candidates and nobody has looked yet "After his HR department hadn't found a single candidate for a job, the manager submitted his own resume. It was auto-rejected." syndicated here https://www.yourtango.com/self/manager-proves-hr-system-auto... and the associated reddit comment that the articles are based off here https://www.reddit.com/r/c…

It's not an assumption, Affirmative Action along with many other requirements is mandated for the contractors working with the US. You can start from here https://www.dol.gov/agencies/odep/program-areas/employers/fe...

but its implementation different per organization and at any moment in time.

it could just as easily be any other reason, like the one I identified

its an assumption to know what's being applied to you.

its obvious that the frustrated guy just wants to be heard, it is still an assumption. that doesn't mean its not happening. it means its an assumption about what exactly applied to you.

unless they specifically said that and you won an employment discrimination case then you literally dont know.

Re: Updates to H-1B

#900

Post by edc117 »

_yb2s wrote: post #533
testfrequency wrote: post #349

Honestly insane how much racist rhetoric I’m reading online (and surprisingly now HN) regarding this news... I suppose 2025 is starting early. edit: case in point, downvoted for simply saying I’m noticing a lot of racism from the (you know who) crowd - as all the comments against this are often followed with “trump will fix this” or “your country needs birth control” or “india shouldn’t be allowed to get visas”

I am slowly coming to grips with the fact that this is a genuine widespread hate movement, and the average person that supports it deeply feels this hatred, and personally blames their problems on anyone from another country, culture, or skin color- and doesn't believe those people deserve to be treated as human. I couldn't be more disappointed, angry, and terrified about what comes next.

Far too extreme a view. I'm very unhappy with the H1-B program and how it has been used to depress wages for engineers, but I understand (and agree with) the need for us to compete globally and not stagnate. I have nothing but respect for a lot of overseas engineers and have worked with some very intelligent, kind, generous individuals in my time.

What I strongly oppose is - and I've seen this up close and personal three times in the last five years - large companies or investment companies buying/merging smaller companies, then gradually offshoring/firing (about 10-20% per year) US jobs in favor of overseas jobs while keeping their customer base. These companies, their revenue streams, their customers exist because of US employees and engineers, and yet they're thrown out at the first chance because someone overseas will do the work for less (often one third of a US salary). This is a complete betrayal of the people who worked to build these companies in the first place. These revenue streams would not exist without them.

H1-B is used in a very similar way: they get anyone they can over here, and pay them 10-20% less than a US counterpart, then use that to justify lower wages/raises to existing employees.

I agree that some people unfairly blame the overseas engineer, but don't simply write them off as racist or hateful - they're having their livelihoods taken from them, and leadership is very good at hiding or shifting blame.

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