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2013 H1B Visa Supply Nearly Exhausted
- ed209 14y agoI've been thinking of moving to the Bay area for a while from the UK. Everyone I follow / engage with seems to be there so it seems like a good place to go. One thing I'm hearing though is that companies are not that interested in hiring H1B candidates (at least for design) - I'm surprised that the increase in take-up is due to tech companies. Any Bay area companies able to comment on this?
- ropiku 14y agoI really did not feel that. I just graduated in the UK and will move to the Bay area in fall (when H1B starts). All the companies I talked to were totally ok with H1B.
- excuse-me 14y agoThen they are either $BILLION mega corps with a big legal dept or they have no idea about H1B. Essentially if you aren't Intel/MSFT/IBM you don't stand a chance of getting an H1B application through
- btbuilder 14y agoThis is just plain wrong in my experience. Even small companies (< 15 employees) can easily get an H1B petition approved if they apply before the cap is filled and pay a lawyer ~$2k.
- excuse-me 14y agoMy experience was in the last dot-com bubble/boom. The caps filled as 12:01 on the day they opened by MSFT/Intel/HP etc
- btbuilder 14y agoThis hasn't been true since the recession. Also when the cap limit is hit a lottery system is used to select petitions. No companies have preference. In fact the rules now are that they will include any petition received within the first five business days in the lottery. The rules are a little more complex than this, but it's essentially correct. Any reasonably good lawyer knew they had to get things submitted on the first day due to cap uncertainties.
- mcdowall 14y agoDoes anyone have any good reference links for H1B positions or a list of companies that are open to them. I'd quite happily pay the immigration fees myself to get into the states (currently in the UK also).
- gsa 14y agoThe monthly whoishiring thread [1] has some jobs with H1B, although I haven't had much luck with them. Also, employers cannot make you pay the immigration fees, it's illegal. [1] https://news.ycombinator.com/item?id=4053076 https://news.ycombinator.com/item?id=4053076
- mahyarm 14y agoThe ~100 ish person startup I work at has many h1b employees. The hiring company has to be willing to spend a few thousand before hiring on immigration lawyers.
- ropiku 14y agoSome of them were big companies and one was 20 employees startup. I assure you they knew exactly what H1B is and they simple engaged with an immigration lawyer (see replies).
- manishsharan 14y agoAs a former H1B, I would like to point out that there are two types of H1B candidates: ones who got a degree here or are switching a job from an outsourcing company and seeking a American employer and the ones who are placed as a part of a larger team by an outsourcing company. The former are a part of a self-selected pool of risk takers. If you are a running a start-up, you are better off with the them as they have the mental toughness to withstand risk.
- eli_gottlieb 14y agoAnd the latter are subverting the ostensible purpose of the H1B visa towards outright labor arbitrage.
- jrmg 14y agoErr, and then there are the people from outside the US that have applied for a job with an American company in the usual manner, have been selected as the best candidate for the position, then need a way to legally relocate to the USA and do the job...
- tejaswiy 14y agoThat's usually not how it works. I can only tell from my experience on what happens in Inida, but you usually apply for a "consulting" company which is basically a front for a shop that takes 30-50% cut in the developer pay by sponsoring them a H1 and sending them out to companies that need developers. A part of this is faking the number of years of experience they have on their resume, completely faking the technical expertise etc. US govt. has kinda caught up to this and is rejecting many H1Bs that were sponsored by consulting companies now. So make of that what you will.
- jrmg 14y agoI don't have any evidence that you're not correct in general, but that's certainly not how it always works. I (British) worked for six years for Apple under the program (2001-2007), and there H1 holders - from all over the world - were treated (and hired) in exactly the same way as US employees. They just want to hire the best candidate. Go after the abuses of the program, yes, but it's not fair to many good, valuable people in the USA on visas like this to imply (and you may not be trying to imply this, but it's the impression many people come away with) that it's all abuse.
- itcmcgrath 14y agoDon't forget H-1B isn't the only VISA you can hire people under. If you want to hire from Australia, there is a VISA that is roughly equivalent called the E-3. It has a cap of 10K, of which less than 3K are filled yearly. This is the VISA I have. Not saying you will necessarily find the people you need down under (if you cannot find them in the US), but it is possible :)
- Aloisius 14y agoInteresting. I had no idea we had a special visa program for Australia. Are there any other countries we have special visa programs for?
- netvarun 14y agoThe other two countries with special allotments are Chile and Singapore http://immigrating.wordpress.com/2008/07/12/h1-b1s-chile-and-singapore-and-australia-too/ http://immigrating.wordpress.com/2008/07/12/h1-b1s-chile-and...
- ktsmith 14y agoTN-1 for Canadians would be much more comparable to the E-3 for Australians than the H1-B1 for Chile and Singapore as the H1-B1 doesn't allow dual intent and is only valid for one year.
- millerfung 14y agoGreat to see this as I am graduating soon in Sydney, will definitely check this out!
- meric 14y agoI study finance in Sydney, am graduating next semester and knows how to code too! Rare to see someone in similar situation on HN! Send me an email (see my profile) maybe we'll have more to talk about. :)
- jellicle 14y agoLuckily there's no unemployment problem in the U.S., because if there was, the H1B program would just be a way for companies to hire employees at well below market wages, further depressing the U.S. economy. http://www.google.ca/publicdata/explore?ds=z1ebjpgk2654c1_&ctype=l&strail=false&bcs=d&nselm=h&met_y=unemployment_rate&fdim_y=seasonality:S&scale_y=lin&ind_y=false&rdim=country&idim=country:US&ifdim=country&tstart=784616400000&tend=1336795200000&hl=en&dl=en&ind=false&q=us+unemployment http://www.google.ca/publicdata/explore?ds=z1ebjpgk2654c1_&#...
- wavephorm 14y agoYou should also link to data showing how H1B workers are paid less than Americans, this one says on average $13,000 per year less: http://www.cis.org/PayScale-H1BWages http://www.cis.org/PayScale-H1BWages
- enraged_camel 14y agoWage discrimination based on visa status is illegal, though. Before a company petitions for an H1-B on behalf of a foreign worker, they first have to apply for a labor certification showing that the worker's wage is close to the mean wage for that job title in that region. What is most likely happening is that once the foreign workers get their H1-B visas, they are denied raises and bonuses. And since their staying in the US is contingent upon their employment, they don't have much negotiating power.
- tosseraccount 14y agoWage discrimination based on visa status is illegal? No it's not. Theoretically employer must pay "prevailing wage" ( legal types conveniently ignore the fact that increasing the supply of labor lowers the price of labor - Econ. 101, supply and demand, check it out ...). There's nothing preventing an employer from saying, "well I'm paying what I think is the 'prevailing wage'. I have two "equally qualified" employees: one a U.S. citizen and the other a guest worker visa. I'm giving a bonus to the citizen but not the guest worker". Welcome to global labor arbitrage, specially targeted at your profession. Big software wins. You lose!
- rajdevar 14y agoLots of People don't know that applying for H1B Visa is not getting the work permit/Visa to enter the country. Tech Companies like Microsoft file the Petitions even if they don't really utilize/invite people in the current year. This is just to keep a pool of extra workers on stand-by. Out of the 65k ,how many will get approved by the USCIS and how many really qualify in the Visa interview ?. How many enter the US in the current year? Remember your visa is valid for 6 years so they can utilize it in the future.
- ark15 14y agoSlight correction - The visa is not valid for 6 years. The H1B visa that is granted to you at a US consulate abroad is usually valid for up to three years. (sometimes two) i.e. you have till that expiry date to enter the US. Once in the US, you can extend your H1B status for up to 6 years (and more if you have a pending 'green card' process)
- rll 14y agoAnd another type. Canadians with TN-1 status (and Mexicans with TN-2) will typically switch to an H-1B in order to apply for a greencard. I worked in the US for about 8 years on TN-1 status, and then switched to an H-1B for the 6 months it took to go through the accelerated greencard process. The xenophobia also seems a little over the top on this issue. With the rather broken American education system, is it so unbelievable to people that there may actually be quite a few non-Americans that are simply better qualified for these jobs?
- maratd 14y ago> With the rather broken American education system If the American education system is so broken, why do so many Canadians travel south to attend American colleges and universities? My wife certainly did, to get her law degree. > is it so unbelievable to people that there may actually be quite a few non-Americans that are simply better qualified for these jobs? That isn't unbelievable at all. However, our immigration system, as broken as it is, serves a different purpose. The H-1B visa is meant to fill jobs that cannot be filled with domestic talent. Not jobs that can be filled with superior talent. A fine difference, but still a difference. Personally, I'm for eliminating all this visa nonsense and allowing anybody who wants to come here to do so. Then again, nobody asked me.
- pi18n 14y agoI also think the US education system is "broken" or close to it. Remember the recent polls saying 40% of Americans don't believe in evolution? Something is surely wrong with this picture. It is not until college level that the US performs better than other countries. And then (for the majority of people) you would need a scholarship to be able to go. K12 education has poor results and above that it is economically broken. e: I don't mean this as an attack, I just want to say I can see where the grandparent is coming from.
- maratd 14y ago> Remember the recent polls saying 40% of Americans don't believe in evolution? Something is surely wrong with this picture. Yes. You actually believing that statistic. Seriously? > It is not until college level that the US performs better than other countries. That depends on how you define performance. If you define it by creative endeavors and behavior, I would say that's patently false. How is it that such a poorly educated populace produces the most vibrant culture and economy on the plant? Must be a miracle. > And then (for the majority of people) you would need a scholarship to be able to go. The overwhelming majority take out loans or work their way through. At times, parents help out. Occasionally scholarships pay some of the way. Very rarely does a scholarship cover the entire tuition.
- mycodebreaks 14y agoIn my team(at a company in SF bay area), We have tried to hire an entry level engineer and also a senior level engineer who can tackle software development. We've not been able to fill any position with qualified candidates. Only reason is that the supply of jobs is abundant. Though there could be a huge number of american engineers, it simply doesn't match the demand at present. There is nothing terribly wrong in education system in the USA. The way you can solve this problem is by telling every freshman to major in Computer Science (However, many tech jobs don't require CS degree), which is not possible.
- potatolicious 14y ago> " The way you can solve this problem is by telling every freshman to major in Computer Science" I don't think that'd fix it - we're not really short on CS grads, we're short on CS grads that can write software. That's part of the xenophobia and hostility against H1B's - you have a lot of CS graduates who are just plain not very good programmers, who feel slighted that they're being passed over in favor of an international who's actually competent.
- geebee 14y agoWould you be willing to post the salary you are offering, along with some information about what you consider to be a qualified candidate? Absolutely fine if you want to keep it general, I'm just curious about what people mean when they say they can't find a qualified candidate. One big problem I have with the H1B visa is that it was created in response to an alleged "shortage". I'm very enthusiastic about creating a general skilled immigration under a points program (like Australia or Canada), but I'm far less enthusiastic about specific visa programs designed to remedy shortages in a particular and narrow segment of the economy. As you can probably tell, I'm one of those people who doesn't really believe that "shortages" of workers exist in a properly functioning market. I wouldn't rule it out completely, as we don't have a true free market and there are externalities to consider, but in general, I think most companies talking about shortages are really just having trouble hiring at the rate they want to pay. Double or triple that salary, and you'll get your engineers. If that's too expensive, then maybe the talent you seek has just found higher value things to work on. One extremely regrettable aspect of the H1B is that it restricts mobility. Yes, changing jobs in related fields is possible and common, but an H1B holder can't stay on that visa to go to med or law school, start a new company, or respond rationally to all kinds of market signals they way free people in a free economy would be able to... and the ugly truth is that this is part of the appeal of this visa to some companies - a captive engineering workforce with all the market distortions that brings.
- durandal1 14y agoAs someone on H1B in Silicon Valley because of a rare, hard to find set of skills, I find it deeply insulting that every time this discussion comes up, it's always about money. But for people who just aren't sharp enoughs, I guess blaming something else than themselves is a convenient exit. Stop complaining and sharpen up your skills folks, we're living in a global world with global competition on all levels. American companies can't afford to hire B talent just because they're "americans" (whatever that means, many americans I know are immigrants 1-4 generations back).
- eitally 14y agoMeh. I have an H1B who makes about 25% more than the rest of his team in the same office because the prevailing wage is higher than my company's standard wage. It cuts both ways, depending where you are and what industry you're in.
- optymizer 14y agoMy H1B expires in 2013 (first 3 years). Does anyone know if this affects my ability to renew my H1B for another 3 years?
- refurb 14y agoAs far as I know, it doesn't. Extension of an H1-B is not subject to the annual caps.
- untog 14y agoNo. Once you have an H1B, you're good. You can extend it, and apply for a green card and have it be valid beyond six years while you wait for your response.
- mavelikara 14y agoNo, it doesn't; the cap applies only to new H-1Bs. You can extend your H-1B for one more term of 3 years. If you apply for a GC in those 3 years (if you haven't already) and reach a certain stage of the processing, you can get extensions past the 6 years. If you do not apply for a GC, you will have to leave the country after 6 years.
- tsycho 14y agoIt doesn't. For the 3-year extension, that is. After your 6 years of H1B are over, and if you decide to leave the country for 1 year, and then reapply, then you will have to go through the quota again. Unless laws change by then, of course.
- dsolomon 14y agoSo what if the supply is exhausted. It's a synthetic shortfall driven by a smoke and mirrors view presented by companies that don't want to pay decent wages. There's no shortage of quality tech talent, never has been. Now go show me a quality company.
- dimecyborg 14y agofunny comment in page "Maybe the visa numbers are stored in an unsigned short and can't go above 65535 anyway"
- TheMagicHorsey 14y agoI hope Congress realizes that restricting the immigration of highly qualified tech workers has unintended consequences. If I can't hire good programmers in America I'll be tempted to open an office in India. Once I open an office in India, I have even less of an incentive to hire people in America. With less employees in America, my company is spending less on services in America. My employees are buying less things. The people I didn't hire in America don't need houses in America. Real estate prices suffer. Silicon Valley is an amazing place. Immigration restrictions are unnecessary friction. They are protectionism for college graduates who should be able to compete on their own (if they can't, wtf were they learning in college?). If you gunk up Silicon Valley you are basically priming the ground for the emergence of rivals. That seems unthinkable now, but only because we are all sitting in Silicon Valley and we aren't watching what is happening abroad. Programmers can grow up anywhere. They can learn anywhere and with AWS, App Engine, etc. they can deploy their services cheaply from anywhere. Soon kids won't need VCs to launch companies. The proximity to Silicon Valley for funding's sake will be irrelevant. It'll be the tech community that will be the draw. If the best people aren't in Silicon Valley because immigration rules stopped them at the border, then there will be competing communities in other nations. Where living costs might be cheaper. Where the weather might be better. Where the abundance of beautiful women (and men) might be higher. What happens to Silicon Valley real estate when tech work moves to other locales?
- cjensen 14y agoGood. H1Bs are abused by employers who refuse to pay the prevailing wage and lie to the government that they "can't find anyone at the prevailing wage." The IEEE had it right when H1Bs were first expanded: don't give H1Bs at all. Instead, give greencards so that if the wages are below market the employee can immediately jump to a company paying the actual prevailing wage.
- ylem 14y agoAnyone here working on an O-1?
- ylem 14y agoI have a roommate who just missed the deadline and is trying to figure out what her options are (background is in image processing/medical imaging)--she had an offer, but the process is rather long going from J-1 to H1...