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Why is this on the top of the hacker news? The article talks about nothing that will stop the abuse. There are indeed a lot of RFEs that are being given out if
by tequila_shot 6y ago
Why is this on the top of the hacker news? The article talks about nothing that will stop the abuse. There are indeed a lot of RFEs that are being given out if you don't have a CS degree and apply for a Software Developer position already.
The Pay structure that the article mentions is NOT true anymore. Take a look at the links[1], it's withdrawn and the rule is not valid.
How is hiring folks with a CS degree for an SWE position a solution to H1b abuse?
The rule published here specifically talks about three things(Yes, I read it line by line just so that I can do my due diligence before I comment here)[2]:
1/ Change the meaning of "Speciality Occupation" and tie this to the College degree that the person has.
2/ If you are part of these "body shops" and you are working as a contractor, your visa will only be extended for 1 year.
3/ Some general statements about Site Visits.
4/ No comment on increasing the wage.
The first child comment that we see below is an anecdotal evidence about seeing a house with dozen(?) folks in a 3 BHK flat? What does it do with H1B visa abuse? How is sending money home AFTER taxes H1B abuse?
Still debating how we went from thoroughly researched and thought provoking comments to these.
I don't debate that there is H1B abuse.
- Programmers are paid very less when compared to prevailing wage.
- Programmers cannot leave their employers so employers hold them by their balls and get work done overtime.
- Programmers stay away from their family, contribute to taxes AND to social security. KNOWING that they may never see a day to collect Social security.
All of this is H1B Abuse. There is no evidence that folks on H1B visa compete with a US Citizen's job. (I'm taking about H1B, not offshoring).
Literally NONE of the changes that this administration is doing is addressing ANY of these concerns for both the US Economy and the H1B individual. Comments like these are dangerous since they give an illusion that the administration is doing something to improve the economy, but they are just party tricks.
[1]https://www.reginfo.gov/public/do/eoDetails?rrid=131148 https://www.reginfo.gov/public/do/eoDetails?rrid=131148
[2]https://public-inspection.federalregister.gov/2020-22347.pdf https://public-inspection.federalregister.gov/2020-22347.pdf
- nathanvanfleet 6y agoThere were companies hiring people under H1B then finding them contract work. Something they are specifically limiting now because they were abusing the system by under paying them as well as hiring them after they get the visa instead of before.
- tequila_shot 6y agoNo. It just means that the contractor should establish themselves with employer-employee relationship before finding work, from the rule PDF: > First, striking “contractor” will avoid potential confusion as the term “contractor” in the definition is misleading. The inclusion of “contractors” in the regulatory language could be read to suggest that contractors should generally qualify under the definition of a “United States employer.” While a contractor is certainly not excluded from qualifying as a “United States employer” for purposes of an H-1B petition, the contractor, like any petitioner, must establish the requisite “employer-employee relationship” with the H-1B beneficiary.
- bjornsing 6y agoYou’re talking about H1B abuse that primarily affects non-US citizens. I can sympathize (and I’m not a US citizen), but you can hardly expect the US press or hacker news to have that perspective or use that terminology... right?
- TheColorYellow 6y agoMore importantly, the US administration is not trying to solve H1B abuse from the perspective of non-US citizens.
- disabled 6y agoCorrect. It should prevent abuse both ways (for both US citizens and non US citizens). By making the system fairer, both US citizens and the world ends up benefiting, in addition to likely further helping the US economy.
- bjornsing 6y agoWell... It still could, if “fair and honest dealings” is a political ideal you want to promote in the world. But sure, it’s not an administrations top priority, for understandable reasons.
- tequila_shot 6y agoGoal of my comment wasn't sympathy; but to get the facts out there that the current changes do nothing but to worsen the situation.(...not solving the H1B crisis)
- bjornsing 6y agoWell raising the salary requirement should (long term) have a positive effect on all kinds of abuse, don’t you think?
- foolinaround 6y agocan you state how the new changes would make it worse, and for whom?
- belltaco 6y ago>The Pay structure that the article mentions is NOT true anymore. Take a look at the links[1], it's withdrawn and the rule is not valid. Is there any other independent confirmation that it was withdrawn? I can't find any. The PDF is still up. https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Interim-Final-Rule-Strengthening-Wage-Protections-for-the-Temporary-and-Permanent-Employment-of-Certain-Aliens-in-the-United-States.pdf https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Int...
- tequila_shot 6y agoI posted the link to rule: https://www.reginfo.gov/public/do/eoDetails?rrid=131148 https://www.reginfo.gov/public/do/eoDetails?rrid=131148 You can correlate the RIN between the Rule and the PDF: RIN 1205-AC00
- pbadenski 6y agoFrom what I understand withdrawing it was a procedural trick, see here: https://twitter.com/wstock215/status/1311824945752801281?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1311824945752801281%7Ctwgr%5Eshare_3&ref_url=https%3A%2F%2Fredbus2us.com%2Fh1b-perm-wage-levels-rule%2F https://twitter.com/wstock215/status/1311824945752801281?ref... via https://redbus2us.com/h1b-perm-wage-levels-rule/ https://redbus2us.com/h1b-perm-wage-levels-rule/ Also the rule does mention the new wage levels (eg. pages 147 and 148).
- president 6y ago> There is no evidence that folks on H1B visa compete with a US Citizen's job. If an IT department puts out a req and fills it with an H1-B worker, a US worker is out of a job. It's really that simple. People like to respond to this and cite sources funded by H1-B consultancies about how H1-B create more economic opportunities which translates into more jobs for all but this doesn't make sense because companies will A) pocket the savings and B) continue to hire H1-Bs to keep on saving per headcount. The reality is that jobs are a zero-sum game. I welcome your response if you have a counter-point.