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Updates to H-1B

uscis.gov

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Re: Updates to H-1B

#991

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.

I was an H1-B in the late 90s. I have been a US citizen for over a decade.

I come from an extremely wealthy Northern European country integral to founding the United States and English is my first language. I was not compelled to emigrate for a “better life”. I gave up a lot to be in the US.

H1-Bs are designed for abuse. There is no shortage of skilled workers. It’s just that immigrants are cheap.

I was hired in my country from a pool of over 500 for one of two jobs. Once accepted it took close to a year to do the legal paperwork. My sponsoring company was paying lawyers $600 an hour twenty years ago to get the work done. Despite being absolutely squeaky clean they easily invested 25k per applicant then.

When I arrived my pay tripled. I was earning 50-60k in the US and had been under 20 before. That was very low in my home country but it was a starting position and wages are lower outside the Us for myriad reasons even though living standards on low wages are higher.

The kicker was that similarly skilled Americans to myself were all earning 6 figures then. The industry I was in had a strong base in NY and the company that hired me was in LA. Their options were to pay 100k plus and relocate Americans from NY, or pay half that and relocate Europeans.

Better yet we were more qualified than the average American (as they got to pick the very best) and we were tied to them by the legal work and thus “indentured”. If we wanted to leave them we had to go home or find more sponsorship.

On arrival my colleague and I immediately realized we were both overqualified and under paid (pre internet this was much harder to discover). We ran rings round the locals. When our visas needed renewal the company “advertised” our jobs by placing printed sheet behind notice boards and claimed that was sufficient. It was a complete con.

Ironically I didn’t last very long. Given my skills and experience I found companies willing to sponsor my ViSAs and green card (which my first company sponsored for me also). So I was able to move around and establish myself.

In short the system has always been abused. The idea is good but as long as companies can choose to pay non competitive rates to immigrants they will do so and lie about the true state of the market. That’s what the system does and the purpose of a system IS what it does. It’s just lowering wages by importing skilled foreigners.

Re: Updates to H-1B

#992

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…

This is a flaw in the system. Candidates from 5-eyes partners should be able to get any clearance necessary. I know from experience that Lockheed has a lot of non US nationals working on secret projects which require clearance. During the F-35 program a ton of Brits were involved, both for the avionics components made in the UK, and as test pilots for VTOl (where Brits were preferred given Harrier experience and their acknowledged skill as the best pilots of that type).

I don’t know why Brits, Canadians, kiwis and Aussies can’t get cleared for you guys. They are getting cleared at every level all the time. NSA, CIA, etc.

Re: Updates to H-1B

#993
post #980

Seem like sensible changes, though more is still needed. Requiring H1B holders to leave the country to renew paperwork is an insane anachronism. The per-country caps also seem like a throwback to the early 1900's era immigration exclusion policies. Re: the concerns over "immigrants taking our jobs!". As a native-born American working in a large tech company today - the threat is very clearly not from H1B's and other…

> Requiring H1B holders to leave the country to renew paperwork is an insane anachronism FWIW every country requires you leave and come back to change or renew visa status. The computers and processes are all setup at points of entry and just aren’t designed for people that don’t physically leave/enter. It’s so common the guys at the us/Canada land border call it “flagpoleing” because you literally drive a u turn aro…

Not the UK at least, as someone who has done a completely in-country switch from student to skilled worker. In fact you are not allowed to leave the country when your application is in progress (leaving would cancel it).

Re: Updates to H-1B

#994
post #767

I'm a highly specialized software developer with 30 years of experience. I could save our customer, a huge US entity, a lot of money by moving to the states for the duration of the project. I don't have a college degree though, which seems to be a requirement for the H1-B. What a bummer.

There is L1 visa that does not require a degree. And there is no quota/lottery. It requires you to work for a U.S. employer overseas for at least a year though.

Re: Updates to H-1B

#995

No offense to the very hardworking H1B guys I've worked with, but I'm not a fan because they'll do anything the company says. They are used as scabs to undermine developers leverage. This was especially clear during RTO. It's the same issue of manufacturing stuff in china. Of course an H1B will be a good puppet, if you threaten to fire them you're sending them back home to another country!

100%.

Re: Updates to H-1B

#996
post #980

Seem like sensible changes, though more is still needed. Requiring H1B holders to leave the country to renew paperwork is an insane anachronism. The per-country caps also seem like a throwback to the early 1900's era immigration exclusion policies. Re: the concerns over "immigrants taking our jobs!". As a native-born American working in a large tech company today - the threat is very clearly not from H1B's and other…

> Requiring H1B holders to leave the country to renew paperwork is an insane anachronism FWIW every country requires you leave and come back to change or renew visa status. The computers and processes are all setup at points of entry and just aren’t designed for people that don’t physically leave/enter. It’s so common the guys at the us/Canada land border call it “flagpoleing” because you literally drive a u turn aro…

> every country requires you leave and come back to change or renew visa status

Not true for EU, either.

In fact, how it works in EU is (for non-EU citizens):

- Get a D visa (for residency)

- Get into the country

- Get a temporary residence permit which is for up to 5 years

- Renew residence permit when it's about to expire or basis (employment, study) is changed - WHILE being in the country.

Re: Updates to H-1B

#997

Earlier quoted context omitted.

Per-country caps remains an absolutely good idea. The goal of immigrants should be to integrate into the society they are joining. Without per country caps you can start creating strange enclaves and you get some of the issues Canada is having.

Having people who have been living in the country for decades, but have the threat of leaving anytime they get fired from job or due to visa issues doesn't encourage them to "integrate into the society they are joining". If anything, the way the country caps work in the US right now make integration harder, because no matter how much they try to integrate and be part of the local community, they could be kicked out a…

To be clear, I'm saying too many from one place shouldn't be allowed in in the first place. If they're let in the path to citizenship should be straight forward.

Re: Updates to H-1B

#999

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…

[dead]

Re: Updates to H-1B

#1000
post #980

Earlier quoted context omitted.

> Requiring H1B holders to leave the country to renew paperwork is an insane anachronism FWIW every country requires you leave and come back to change or renew visa status. The computers and processes are all setup at points of entry and just aren’t designed for people that don’t physically leave/enter. It’s so common the guys at the us/Canada land border call it “flagpoleing” because you literally drive a u turn aro…

> every country requires you leave and come back to change or renew visa status Not true for EU, either. In fact, how it works in EU is (for non-EU citizens): - Get a D visa (for residency) - Get into the country - Get a temporary residence permit which is for up to 5 years - Renew residence permit when it's about to expire or basis (employment, study) is changed - WHILE being in the country.

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