6 ms·

Ask HN: Uncertainty in US H1B visa program

13 points by matt_the_bass 9y ago

With changes to US policies since Trump came into office there has been a lot of talk about the future of H1B visa program. As an employeer, this makes me nervous to consider OPT candidates. I wonder will I even able to sponsor them for H1B in the future? Does anyone else feel this way? What do you think will happen to this program? Please note that I’ve previously hired OPT and later sponsored them for H1B. I value all types of diversity in my workplace. Anyone have strong opinions about this visa program?

masonic 9y ago
You only hire OPTs or H-1Bs?
- matt_the_bass 9y ago
  No. We’ve mostly hired not OPT/H1B. But I’m generally interested in hiring the best candidate regardless of nationality. My concern is spending the resources on a good OPT candidate only to find that I can’t hire them long term. Previously I didn’t have that concern. Now I do. So I’m wondering if others share that concern.
Top19 9y ago
H1B’s are mainly bad. First I get that many immigrants are actually really strong candidates more likely to do amazing things / start businesses and such, but that is precisely why we should not be allowing them into the US. They are very good candidates who should be at their home country helping to build it out, start businesses, employ others, etc. I think it’s selfish of the US to even try to hire these candidates to begin with. Second, an effect of H1B visas is they tend to really prevent people from getting a start in IT. Why waste all that money as a corporation building a talent pipeline, doing training, etc. if you can just whine and complain that you can’t hire anybody followed by immediately getting more H1B’s?
- hux_ 9y ago
  Yup if Micheal Jordan was born in a Nigerian village that's where he should do his best work.
  - ejanus 9y ago
    Dangote came from such village and he stayed behind to build and develop his country. JJ Okocha came from a village and he was a super star before heading to Europe.
  - rsj_hn 9y ago
    There are other visas for superstars -- see EB-1 or "Genius Visa". This is a discussion of the H1-B program. Web developers working in React aren't really the CS equivalent of Michael Jordan.
    - TheCoelacanth 9y ago
      What about people who never get a chance to become superstars because they can't get the initial opportunities? An EB-1 visa requires "sustained national or international acclaim". Michael Jordan wouldn't have qualified for that simply based on his outstanding high school or college performance; he would have needed to get into the NBA before he could have achieved that. The EB-1 visa serves an important purpose, but we also need to be playing the numbers game with skilled young people so that we can that we can get the portion who eventually turn into superstars.
      - rsj_hn 9y ago
        Well, if you want to propose a new visa type for people who might become superstars in the future, you are welcome to do that, but if you engage with this seriously you will see that that's not really something to which there is an immigration answer. We have laws on the books; an H1-B visa isn't supposed to satisfy all of your desires for human betterment. It's a temporary worker visa for a limited quantity of higher skilled immigrants, and was only made into law on that basis. It was never supposed to ensure that "no child is left behind". I would go to whatever country you are most worried about and work on education and legal reform there, if that is your overriding concern.
        TheCoelacanth 9y ago
        > an H1-B visa isn't supposed to satisfy all of your desires for human betterment I wasn't worrying about human betterment; I was worrying about US betterment. We are not better off by keeping future superstars out of the country. > It's a temporary worker visa for a limited quantity of higher skilled immigrants The H1-B visa is a dual-intent visa. It is not solely a temporary work visa. It is intended to bring skilled workers to the US and to sometimes get them to stay. > I would go to whatever country you are most worried about I am already in that country (the US)
zagapyan 9y ago
H1B candidate here. I was awarded my first term as a developer, but I am required to provide more evidence on my second run because they didn't believe that I was qualified as a web developer. I mainly work with newer technologies such as React, Elm, NodeJs, but they're not 'buying my worth'. I have a deadline to fulfill or I am kicked out even though I'm very much qualified.
twunde 9y ago
I think it's definitely a concern as anecdotally it has become much harder to get a H1B. See https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html https://www.nytimes.com/2017/11/23/opinion/immigration-visa-... and https://www.bloomberg.com/news/articles/2017-11-06/trump-s-h-1b-reform-is-to-make-life-hell-for-immigrants-and-companies https://www.bloomberg.com/news/articles/2017-11-06/trump-s-h... Also worth mentioning is that Congress has been working on raising the minimum annual salary for people on H!B by $30k to $90k. Looking at what's going on, my personal take is that H1B will stick around, but there will be fewer open spots and there will be a lot more competition. I'd talk to whomever you work with to currently sponsor H1Bs and get their take as well since I imagine it will be more accurate. Also something that may be worth doing is talking to your representatives about the issue (senator and rep). Try scheduling a meeting to talk about H1B.
- matt_the_bass 9y ago
  Thanks! Yes. Our imagration lawyer is certainly a resource for understanding the current situation. But my feeling is things may change further. Hence my interest in this informal survey.
arunpn123 9y ago
As long as the candidates have a valid work status, isn't it illegal to discriminate based on type of work status?
- matt_the_bass 9y ago
  Almost but not quite. There are many government projects that require all personnel working on the project to be us citizens or permanent residents. Companies can certainly limit hires to those categories if they work or intend to work on such projects. The way to screen for the is to ask if somone has their permanent legal right to work in the US. Ianal but I think to be perfectly correct, one has to ask all candidates that. Not just ones they think may not be. Ianal but i think one is not allowed to descriminate based on national origin. One can also discriminate based on ability to obtain security clearance.

13 points by matt_the_bass 9y ago

masonic 9y ago

You only hire OPTs or H-1Bs?

matt_the_bass 9y ago
No. We’ve mostly hired not OPT/H1B. But I’m generally interested in hiring the best candidate regardless of nationality. My concern is spending the resources on a good OPT candidate only to find that I can’t hire them long term. Previously I didn’t have that concern. Now I do. So I’m wondering if others share that concern.

Top19 9y ago

H1B’s are mainly bad. First I get that many immigrants are actually really strong candidates more likely to do amazing things / start businesses and such, but that is precisely why we should not be allowing them into the US. They are very good candidates who should be at their home country helping to build it out, start businesses, employ others, etc. I think it’s selfish of the US to even try to hire these candidates to begin with. Second, an effect of H1B visas is they tend to really prevent people from getting a start in IT. Why waste all that money as a corporation building a talent pipeline, doing training, etc. if you can just whine and complain that you can’t hire anybody followed by immediately getting more H1B’s?

hux_ 9y ago
Yup if Micheal Jordan was born in a Nigerian village that's where he should do his best work.
- ejanus 9y ago
  Dangote came from such village and he stayed behind to build and develop his country. JJ Okocha came from a village and he was a super star before heading to Europe.
- rsj_hn 9y ago
  There are other visas for superstars -- see EB-1 or "Genius Visa". This is a discussion of the H1-B program. Web developers working in React aren't really the CS equivalent of Michael Jordan.
  - TheCoelacanth 9y ago
    What about people who never get a chance to become superstars because they can't get the initial opportunities? An EB-1 visa requires "sustained national or international acclaim". Michael Jordan wouldn't have qualified for that simply based on his outstanding high school or college performance; he would have needed to get into the NBA before he could have achieved that. The EB-1 visa serves an important purpose, but we also need to be playing the numbers game with skilled young people so that we can that we can get the portion who eventually turn into superstars.
    - rsj_hn 9y ago
      Well, if you want to propose a new visa type for people who might become superstars in the future, you are welcome to do that, but if you engage with this seriously you will see that that's not really something to which there is an immigration answer. We have laws on the books; an H1-B visa isn't supposed to satisfy all of your desires for human betterment. It's a temporary worker visa for a limited quantity of higher skilled immigrants, and was only made into law on that basis. It was never supposed to ensure that "no child is left behind". I would go to whatever country you are most worried about and work on education and legal reform there, if that is your overriding concern.
      - TheCoelacanth 9y ago
        > an H1-B visa isn't supposed to satisfy all of your desires for human betterment I wasn't worrying about human betterment; I was worrying about US betterment. We are not better off by keeping future superstars out of the country. > It's a temporary worker visa for a limited quantity of higher skilled immigrants The H1-B visa is a dual-intent visa. It is not solely a temporary work visa. It is intended to bring skilled workers to the US and to sometimes get them to stay. > I would go to whatever country you are most worried about I am already in that country (the US)

zagapyan 9y ago

H1B candidate here. I was awarded my first term as a developer, but I am required to provide more evidence on my second run because they didn't believe that I was qualified as a web developer. I mainly work with newer technologies such as React, Elm, NodeJs, but they're not 'buying my worth'. I have a deadline to fulfill or I am kicked out even though I'm very much qualified.

twunde 9y ago

I think it's definitely a concern as anecdotally it has become much harder to get a H1B. See https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html https://www.nytimes.com/2017/11/23/opinion/immigration-visa-... and https://www.bloomberg.com/news/articles/2017-11-06/trump-s-h-1b-reform-is-to-make-life-hell-for-immigrants-and-companies https://www.bloomberg.com/news/articles/2017-11-06/trump-s-h... Also worth mentioning is that Congress has been working on raising the minimum annual salary for people on H!B by $30k to $90k. Looking at what's going on, my personal take is that H1B will stick around, but there will be fewer open spots and there will be a lot more competition. I'd talk to whomever you work with to currently sponsor H1Bs and get their take as well since I imagine it will be more accurate. Also something that may be worth doing is talking to your representatives about the issue (senator and rep). Try scheduling a meeting to talk about H1B.

matt_the_bass 9y ago
Thanks! Yes. Our imagration lawyer is certainly a resource for understanding the current situation. But my feeling is things may change further. Hence my interest in this informal survey.

arunpn123 9y ago

As long as the candidates have a valid work status, isn't it illegal to discriminate based on type of work status?

matt_the_bass 9y ago
Almost but not quite. There are many government projects that require all personnel working on the project to be us citizens or permanent residents. Companies can certainly limit hires to those categories if they work or intend to work on such projects. The way to screen for the is to ask if somone has their permanent legal right to work in the US. Ianal but I think to be perfectly correct, one has to ask all candidates that. Not just ones they think may not be. Ianal but i think one is not allowed to descriminate based on national origin. One can also discriminate based on ability to obtain security clearance.