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Here's a suggestion from an Indian American on immigration policy: Don't force skilled immigrants (even those with graduate degrees from US universities) to wor

by ajju 18y ago

Here's a suggestion from an Indian American on immigration policy: Don't force skilled immigrants (even those with graduate degrees from US universities) to work at the same employer for 5-8 years just to get a permit to stay in the country. I have to stay with the same employer on an H-1B visa while my application for a greencard is pending (currently, people who applied in 2001 with a bachelors degree or 2004 with a masters degree are being considered). Half of my immigrant classmates (Indian or not) from gradschool would have started a startup if they didn't have to stay stuck with the same employers to be in this country.

unexpected 18y ago
I'm okay with this as long as you're willing to pay the H1-B and greencard fees if you decide to bail and start a startup. All those costs add up- it's about 10-15k per employee.
- ajju 18y ago
  Define "bail". I think it's actually illegal to pay for your own H-1B to discourage fake applications or something, but wrt the Greencard, there is usually a negotiated agreement between the employer and the employee about who pays the cost (or what fraction of it). So there is no bailing out. I fully intend to honor mine and wouldn't actually mind paying the H-1B costs either, were it legal.
  - unexpected 18y ago
    bail = you leave. With a greencard you're forced to stay, but with an H-1B, you can get your visa transferred to the new company you're working for (if you have another job). In such instances, it's only fair that you re-imburse your employer for the fees that they incurred while processing your H-1B.
    - ajju 18y ago
      Why is it "only fair" that I reimburse them if I am employed on an at-will contract? The legal expenses are no different from any other one time expense such as a sign-on bonus. As such, just like sign on bonuses, if an employer believes they would be compensated for their legal expenses only if I stay there for X years, they should put it on a contract. If I think it's fair as well, I'll sign it.
      - unexpected 18y ago
        fair enough. We actually put this clause in the employee agreement, but a lot of employees don't read the agreement too well, until it's too late...
nebula 18y ago
I'm tired of these oh! "why don't you give me a greencard" attitudes. Even on HN, whenever something related to migrants comes up for discussion, there is this invariable rant about "hard-to-get-greencards" tucked in an insightful(at least apparently to HN users) comment. What's the deal here? If you are saying, oh! only if you had given me a greencard without 5 year wait, I would have started a startup and changed the world, why don't do it in your home country and make it a better place? Yeah right! if only someone had created a silicon valley in my country, ad infinitum. Seriously, I have trouble coming to terms with the fact that these highly motivated people with the big ideas to change the world think it appropriate to nag about some other country not granting them citizenship.
- w1ntermute 18y ago
  Apparently you didn't realize that the country as a whole benefits from these startups. By stifling innovation through poor immigration policy, the US is hurting itself.
  - known 18y ago
    Why immigrate (escape) to USA when there are innumerable problems to be solved in India?
- ajju 18y ago
  You are having quite an argument on your own there by putting words in my mouth so I'll leave you to that except to say that I am in this country because the US government thinks it's beneficial to the US in some way. Meanwhile let me note you haven't presented any cogent argument as to what benefit the US gets by forcing me to stick to one job while I am already here and waiting for a greencard.
  - aaronblohowiak 18y ago
    Because the reason you were allowed to in to the country was for that job for which there were no acceptably qualified american applicants. H1B is not simply a skill-based immigration policy, it exists to allow American businesses to hire outside talent when our own pool is running dry. There may be different programs for other purposes.. for instance, some other countries allow you to move there to start a business if you are going to make a minimum investment and hire a minimum number of people.
statictype 18y ago
Why not start a startup in India? Internet access to people in India is still on the way up and has not yet reached critical mass. You could launch a business there targeting India-specific needs. The possible market there is larger and not yet saturated. FWIW, I'm kind of the opposite of you. I'm an American citizen working in India.
- jey 18y ago
  "I'm an American citizen working in India." Why? (I'm American but my parents are immigrants from India.)
  - statictype 18y ago
    shrug, just because. I was born and brought up in America but my parents wanted to moved back when I was 15. So I did my undergrad in India and just continued living there. Didn't find any compelling reason to go back to America after that. (Not that I don't like the place - I do. But I'm comfortable living in India too)
- ajju 18y ago
  There's no reason not to other than life's led me here just like it's led you there. When (not if) I go back I will start a startup there.

by ajju 18y ago

unexpected 18y ago

I'm okay with this as long as you're willing to pay the H1-B and greencard fees if you decide to bail and start a startup. All those costs add up- it's about 10-15k per employee.

ajju 18y ago
Define "bail". I think it's actually illegal to pay for your own H-1B to discourage fake applications or something, but wrt the Greencard, there is usually a negotiated agreement between the employer and the employee about who pays the cost (or what fraction of it). So there is no bailing out. I fully intend to honor mine and wouldn't actually mind paying the H-1B costs either, were it legal.
- unexpected 18y ago
  bail = you leave. With a greencard you're forced to stay, but with an H-1B, you can get your visa transferred to the new company you're working for (if you have another job). In such instances, it's only fair that you re-imburse your employer for the fees that they incurred while processing your H-1B.
  - ajju 18y ago
    Why is it "only fair" that I reimburse them if I am employed on an at-will contract? The legal expenses are no different from any other one time expense such as a sign-on bonus. As such, just like sign on bonuses, if an employer believes they would be compensated for their legal expenses only if I stay there for X years, they should put it on a contract. If I think it's fair as well, I'll sign it.
    - unexpected 18y ago
      fair enough. We actually put this clause in the employee agreement, but a lot of employees don't read the agreement too well, until it's too late...

nebula 18y ago

I'm tired of these oh! "why don't you give me a greencard" attitudes. Even on HN, whenever something related to migrants comes up for discussion, there is this invariable rant about "hard-to-get-greencards" tucked in an insightful(at least apparently to HN users) comment. What's the deal here? If you are saying, oh! only if you had given me a greencard without 5 year wait, I would have started a startup and changed the world, why don't do it in your home country and make it a better place? Yeah right! if only someone had created a silicon valley in my country, ad infinitum. Seriously, I have trouble coming to terms with the fact that these highly motivated people with the big ideas to change the world think it appropriate to nag about some other country not granting them citizenship.

w1ntermute 18y ago
Apparently you didn't realize that the country as a whole benefits from these startups. By stifling innovation through poor immigration policy, the US is hurting itself.
- known 18y ago
  Why immigrate (escape) to USA when there are innumerable problems to be solved in India?
ajju 18y ago
You are having quite an argument on your own there by putting words in my mouth so I'll leave you to that except to say that I am in this country because the US government thinks it's beneficial to the US in some way. Meanwhile let me note you haven't presented any cogent argument as to what benefit the US gets by forcing me to stick to one job while I am already here and waiting for a greencard.
- aaronblohowiak 18y ago
  Because the reason you were allowed to in to the country was for that job for which there were no acceptably qualified american applicants. H1B is not simply a skill-based immigration policy, it exists to allow American businesses to hire outside talent when our own pool is running dry. There may be different programs for other purposes.. for instance, some other countries allow you to move there to start a business if you are going to make a minimum investment and hire a minimum number of people.

statictype 18y ago

Why not start a startup in India? Internet access to people in India is still on the way up and has not yet reached critical mass. You could launch a business there targeting India-specific needs. The possible market there is larger and not yet saturated. FWIW, I'm kind of the opposite of you. I'm an American citizen working in India.

jey 18y ago
"I'm an American citizen working in India." Why? (I'm American but my parents are immigrants from India.)
- statictype 18y ago
  shrug, just because. I was born and brought up in America but my parents wanted to moved back when I was 15. So I did my undergrad in India and just continued living there. Didn't find any compelling reason to go back to America after that. (Not that I don't like the place - I do. But I'm comfortable living in India too)
ajju 18y ago
There's no reason not to other than life's led me here just like it's led you there. When (not if) I go back I will start a startup there.