4 ms·

The problem with H1-B visa is that it's entire premise does not make sense anymore in 2015 (perhaps it did when they started it way back whenever). Here is why.

The problem with H1-B visa is that it's entire premise does not make sense anymore in 2015 (perhaps it did when they started it way back whenever). Here is why. It is supposed to be a visa for exceptionally skilled foreigners (and not just in IT) that companies should go look for if and when they cannot find suitable American citizens/permanent residents for similar jobs. Think about this. It is just so difficult to first prove this without really "gaming" it. So then starts the game. The salary requirement or "prevailing wage" as they call it is again bullshit because it is very easy to meet that requirement. Now the biggest issue which leads to severe exploitation specially by body shops: its ties to a specific employer and even though technically possible to switch jobs, it is almost impossible in practice. If we need to reform any skilled visa process including H1B, it must include : 1. No ties to a specific employer. Make it merit based. If I can get it with one employer, let me switch to another one without too much hassle 2. Min. salary requirement may still be in place but then don't make it the crap "prevailing wage". The prevailing wage for Computer System Analysts in NY is average of $65000. Does that make any sense ? What does that even mean ? Who is a Computer System Analyst ? 3. Don't make this a visa that is available when companies cannot find suitable americans for the same job. This is just not possible to prove without gaming. Instead, how about let anyone compete for the same job from across the world and let the employer decide who they want to hire. 4. Oh and last, have stricter standards for "Service based companies" or these third party contracting body shops. They should not be allowed.

johansch 11y ago
> 3. Don't make this a visa that is available when companies cannot find suitable americans for the same job. This is just not possible to prove without gaming. Instead, how about let anyone compete for the same job from across the world and let the employer decide who they want to hire. That would be good for the american economy and short-term at least seen as bad by american employees. Guess why you are being down voted? :)
trequartista 11y ago
H-1B visa is a work visa and as such is not employer specific. Once you are in the US with one employer, it is very easy for you to switch companies. The new company also has to file a petition, you don't go through the lottery process (since you already have the visa). USCIS just reviews your case and approves your petition with the new employer. It takes about 4-6 weeks, but it is not too much of a hassle. Source: On an H-1B visa and have switched employers.
- solutionyogi 11y ago
  I spent 10 years on H1B and my experience (and many of my other friends) does not match yours. Two things: 1. H1B involves a lot of paper work/legal work. There are not that many companies who are familiar with the process and are willing to spend time and energy to sponsor your H1B. This reduces the potential employer pool drastically. (Personal anecdote: I used to do contracting when I was on H1B and could not accept many potential job offers due to H1B) 2. While it's true that you are not subject to H1B quota, you are still subject to the process and can get your petition rejected. (Persona anecdote: My friend tried to switch companies on H1B and found that the LCA was rejected because company lawyer made a mistake)
- codegeek 11y ago
  "it is very easy for you to switch companies" I disagree. Legally, yes you are allowed to switch. But in practice, it brings in too many complications. H1B is a 6 Year visa. If you have spent more than half of that time period, try getting a job with a new employer. Very unlikely that they will be interested knowing that you only have 2 or less years to be allowed to stay in America. Ok what about green card then ? Sure, you can file for a Permanent residency but if you are from a Country like India/China/Philippines, guess what ? You may take a decade to get that PR while you are technically stuck with the same employer. Can you still switch jobs ? Sure you can. Will you want to though ? Perhaps not knowing that you have to re-start the entire PR process again.
huherto 11y ago
For 4. Limit the number of petitions per company (npc) to a ratio of the total number of regular us employees (ne). i.e. (npc - 1)/ne <= .1 A tiny company of 10 can have 2. A small company of 100 can have 11 A medium company of 1000 can have 101

johansch 11y ago

> 3. Don't make this a visa that is available when companies cannot find suitable americans for the same job. This is just not possible to prove without gaming. Instead, how about let anyone compete for the same job from across the world and let the employer decide who they want to hire. That would be good for the american economy and short-term at least seen as bad by american employees. Guess why you are being down voted? :)

trequartista 11y ago

H-1B visa is a work visa and as such is not employer specific. Once you are in the US with one employer, it is very easy for you to switch companies. The new company also has to file a petition, you don't go through the lottery process (since you already have the visa). USCIS just reviews your case and approves your petition with the new employer. It takes about 4-6 weeks, but it is not too much of a hassle. Source: On an H-1B visa and have switched employers.

solutionyogi 11y ago
I spent 10 years on H1B and my experience (and many of my other friends) does not match yours. Two things: 1. H1B involves a lot of paper work/legal work. There are not that many companies who are familiar with the process and are willing to spend time and energy to sponsor your H1B. This reduces the potential employer pool drastically. (Personal anecdote: I used to do contracting when I was on H1B and could not accept many potential job offers due to H1B) 2. While it's true that you are not subject to H1B quota, you are still subject to the process and can get your petition rejected. (Persona anecdote: My friend tried to switch companies on H1B and found that the LCA was rejected because company lawyer made a mistake)
codegeek 11y ago
"it is very easy for you to switch companies" I disagree. Legally, yes you are allowed to switch. But in practice, it brings in too many complications. H1B is a 6 Year visa. If you have spent more than half of that time period, try getting a job with a new employer. Very unlikely that they will be interested knowing that you only have 2 or less years to be allowed to stay in America. Ok what about green card then ? Sure, you can file for a Permanent residency but if you are from a Country like India/China/Philippines, guess what ? You may take a decade to get that PR while you are technically stuck with the same employer. Can you still switch jobs ? Sure you can. Will you want to though ? Perhaps not knowing that you have to re-start the entire PR process again.

huherto 11y ago

For 4. Limit the number of petitions per company (npc) to a ratio of the total number of regular us employees (ne). i.e. (npc - 1)/ne <= .1 A tiny company of 10 can have 2. A small company of 100 can have 11 A medium company of 1000 can have 101