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H-1B: Government issues first-ever official estimate of visa population in U.S.

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Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#91

Earlier quoted context omitted.

The H1B program is the only reason the US has a tech industry at all. 75% of silicon valley tech workers are immigrants.

This is a ridiculous statement. Intel, Facebook, Microsoft, Google, Apple were all founded by US Citizens.

Sergey Brin and Andy Grove were both immigrants.

If the people creating US technology weren't permitted to move here, the center of mass of the world's tech industry would shift somewhere else with sane immigration policies, probably Toronto. US persons who want to work in technology would have to emigrate to find jobs.

You can't just eliminate the vast majority of the people who work in an industry, and expect it to still exist.

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#93

Earlier quoted context omitted.

> Also make an O-1 type visa as an immigrant visa. That's unnecessary, as the O-1 has the same requirements as an EB1A green card petition. The immigrant visa form of the O-1 is simply an EB1A petition. It's actually possible to self-petition EB1A. Only India and China have a backlog of EB1A petitions, and their priority dates are ~2017. I'd love to read that study if you dig it up! For what it's worth, I believe in…

Interesting about EB1A, didn't know. I agree that we need reform in this area. For one, a bidding system for H1-B type visas could prevent much of the abuse. Like you, I'm not a Trump supporter, but I like the points-based system. Not sure why that got so much criticism (probably simply because it came from him). It's similar to Canada's system, which most people around the globe seem to admire. I hope people can und…

Will read and report back!

What I think is most disheartening is that Republicans and Democrats alike have no interest whatsoever in immigration reform. Democrats controlled both houses and the presidency and were unwilling to do anything. And then there's Dick Durbin, who torpedoed the most recent round of reforms.

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#94
post #88

Earlier quoted context omitted.

I have a friend with an EB-1 visa. She's good ("alien of exceptional ability") at her job I suppose, which is being a porn actress. Somewhat hilariously it was rather easy for her to meet the criteria (international prizes, being highly paid compared to peers, commercial success, being published in media etc.).

More anecdata: I’ve worked with a handful of EB-1 holders. I wouldn’t qualify a single one as “exceptional.” Fine coworkers, sure, but to a one the justification for EB-1 strained credulity. I have however worked with several H1-B holders of whom I would say the opposite.

The spirit of the visa is for Nobel prizes, Olympic medals and such, but in practice, it is a visa for people with immigration lawyers of exceptional ability.

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#95
post #47

Earlier quoted context omitted.

Increase the count and also the minimum salary. It's bonkers that the $65k minimum from 1989 has never been updated, especially given which cities many H1B immigrants need to live.

H1b min salary is adjusted based on locale. Mountain View , CA was ~90k around 2011 if I recall correctly

TIL! Still think it should be higher.

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#96

The H-1B program definitely needs more regulation to prevent abuse by companies (especially when it comes to salary negotiations). But if anything we should increase the number - it's not like those people are just going to not work if they don't come to the U.S. They'll just work in different countries, either driving more offshoring of labor by American companies, or just competing with them directly. It's in the U…

H-1B1 is not the visa type for the best and brightest. That visa type is EB-1. H-1B is about skills in high demand not extraordinary ability. Many personal friends of mine are H-1B and they would not be even considered the best or brightest in their own household. Of course, you have to be somewhat smart to meet the basic requirements: bachelor's degree or equivalent. But that does not mean you are among the best .

>H-1B1 is not the visa type for the best and brightest. That visa type is EB-1. H-1B is about skills in high demand not extraordinary ability.

So Melania Trump was the best and brightest? By what metric?

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#97
post #76

Earlier quoted context omitted.

> If only there were a word for the importation of minority labor and locking them into employment with their sponsor, effectively reducing their negotiating power for salary to zero... It really doesn't do that. To be fair, H-1Bs are supposed to be in-demand specialty workers, to meet the spirit of the program. That means they have, by definition, negotiating power. I've spent a lot of time in H-1 status and I have…

This is so wrong, it is comical. You have a lot less leverage, especially if you want/are in the process of getting a green card. As a former H1B holder (and currently on a Green Card), being on a H-1B has prevented me: 1. Not accepting a higher salary offer, but going with a more 'safe option' 2. Having to negotiate for asap Green Card application, vs. salary 3. Not being able to accept a promotion to a manager, as…

I can only speak to my own experiences.

> 1. Not accepting a higher salary offer, but going with a more 'safe option'

For me, the 'safe option' came with the highest salary. Usually the riskier bets come with lower up-front payoffs in my experience.

> 2. Having to negotiate for asap Green Card application, vs. salary

I've not had to do this. Most employers I've interviewed with were either (a) early stage and let me do whatever I wanted re: immigration -- even to the extent of saying you drive, and submit the bills or (b) later-stage companies that had fixed corporate policies re: when the green card process can begin and it's initiated by the manager. My most recent employer began the PERM process during our first 1:1 and the my recruiter was very curious why I was so interested in the process since it's totally mechanical from their perspective.

This is a criticism of the green card process, not intrinsic to H-1Bs.

> 3. Not being able to accept a promotion to a manager, as I had a ongoing Green Card application as engineer/ic, and that would jeopardize my green card application

Indeed but that is not actually a function of your H-1, right, but rather a function of that fact you'd kicked off your green card process, a different process. With it's own insanities.

> 4. Not being able to create, or join a very early startup

Create, no. And that's a huge loss to America. What ever happened to Startup Parole anyways?

Join, sure. If you really wanted, you could easily have talked your company into letting you handle the process and submitting the expense reports. All you need for an H-1 is an LCA and prevailing wage. LCA isn't hard, and prevailing wage is low, a common complaint of the H-1 program. For the bay area it's like 90K for a software engineer.

> 5. Having high anxiety, for all the paperwork required, and the RFE recieved after switching jobs...

Yep, that sucks for sure, and is totally fair. There are ways to mitigate this. You can apply for an H-1 transfer speculatively while at your old employer. Once successfully approved, you can make the hop. There's no obligation to go through with it if you later change your mind. I think this is one of the lesser known features of the H-1.

> 6. Inability to switch jobs, if you have a Perm/Green Card application ongoing, as it will rest it (even for non-capped countries, it might take 2+ years for the whole process to go through)

The inability to switch jobs isn't H-1 related, again, it's a function of the green card process which is, as I conceded earlier, very stupid. But also, transient. Once you hit 180 days in Adjustment of Status, AC21 portability kicks off and your employer can no longer withdraw your I-140. You can then move largely at will -- even to self-employment, for the few remaining weeks it takes your I-485 to be approved. [1]

> Yes, you can switch employers, but at great costs, and at risking eventual deportation (if you don't play the immigration game right, and get the Perm/Green Card in time).

Again, yes, but this also not intrinsic to the H-1 but rather to the green card process. With that in mind you're eligible to indefinitely extend your H-1 status as soon as you have an approved I-140 (which you can get in 14 days) in 1 or 3 year increments.

[1] http://cilawgroup.com/news/2012/10/01/rules-governing-i-485-...

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#98
post #8

Earlier quoted context omitted.

Of course it exists. It's called an I-94. DHS has that info. Every single foreigner is assigned a unique alien number and tracks your entry and exit into the country. They just don't want to deal with connecting information from two different departments.

With so many types of data collected, one shudders to imagine what will happen if they discover the join sql statement.

When did they add the join statement to COBOL?

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#99

The H-1B program definitely needs more regulation to prevent abuse by companies (especially when it comes to salary negotiations). But if anything we should increase the number - it's not like those people are just going to not work if they don't come to the U.S. They'll just work in different countries, either driving more offshoring of labor by American companies, or just competing with them directly. It's in the U…

H-1B1 is not the visa type for the best and brightest. That visa type is EB-1. H-1B is about skills in high demand not extraordinary ability. Many personal friends of mine are H-1B and they would not be even considered the best or brightest in their own household. Of course, you have to be somewhat smart to meet the basic requirements: bachelor's degree or equivalent. But that does not mean you are among the best .

The H1B is not directly comparable to EB-1. The former is a non-immigrant visa, is easier to qualify for (just need to have a bachelor's degree in a "specialty occupation") except for the lottery part and less costly to obtain (around $5-7k total in fees). The latter an immigrant visa, costs quite a bit more to obtain ($10-20k in total fees) and requires more regimented labor market testing process to prove there are no willing, able and qualified US workers for that position. A better comparison would be between the H1B and O1. Both are non-immigrant visas and the O1's requirements are quite similar to EB-1.

Re: H-1B: Government issues first-ever official estimate of visa population in U.S.

#100
post #5

Earlier quoted context omitted.

They know how many have h1bs, but not how many of them are actually in the US. Which is just amazing. We need to bend over and let them take our privacy away so they can fight the terrorists apparently, but the same government doesnt even keep track of how many h1b holders are in the country? If the data of who every citizen is calling on their phones is so important for national security- how is it not worth the gov…

When was the last time you traveled outside the USA? Did you notice how Customs and Border Patrol did not check and stamp your passport, like they do for incoming travelers? Therefore, since there is no way to detect when an H1B worker leaves the country, there is no easy way to estimate the number of H1Bs currently in the country.

I find it difficult to believe that official forms of transport passenger manifest data isn't made available to the government, be it plane, ship, etc. especially with "no-fly" lists and the type of information you have to provide (at least for flights). For boats, I have no clue, but I would imagine it wouldn't be too far off.
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