4 ms·

> Many of the easily circumvented protections (such as the prevailing wage requirement) would be unnecessary if the worker is allowed to quit his or her job wit

by eshvk 14y ago

> Many of the easily circumvented protections (such as the prevailing wage requirement) would be unnecessary if the worker is allowed to quit his or her job without jeopardizing residency rights. I thought the prevailing wage requirement was to ensure that US Citizens are not undercut by H1B holders. I am unsure of how detaching residency rights from the employer renders the prevailing wage requirement irrelevant?

geebee 14y ago
That certainly is the intent. As it turns out, it's pretty easy to categorize someone below his or her skill level, and then pay the prevailing wage for the lesser job category. I'm ok with a prevailing wage requirement, mainly because I see no reason to grant a work visa for an employer who intends to pay indisputably a well below market wage rate. So it isn't irrelevant, but compared to the right to leave your job [1], it's very weak protection. However, there's nothing like being allowed to quit your job and take a new one to ensure that you really are being compensated properly for your skills. I'd take that over various regulations meant to "protect" me any day of the week. [1] People will point out that H1B holders can and do change jobs. But can they quit and start their own consulting company? Quit and apply to med school or law school, or enter a completely different line of work? To me, this is about basic human freedom.
- eshvk 14y ago
  > However, there's nothing like being allowed to quit your job and take a new one to ensure that you really are being compensated properly for your skills. I'd take that over various regulations meant to "protect" me any day of the week. Completely agreed. Personally, I used to be on an H1B and I know how stressful it can be when you realize that things out of your control can suddenly mean that you have to either scramble around looking for a job (and you can't spend the necessary time to do the due diligence to ensure that that job is what you want to do) or decide how you are going to leave friends and the home you have started building for yourself here. To me, this is the problem that I don't see people trying to solve. The article calls an H1B an indentured servant and I am not sure I disagree. There are two extremes: One is stapling a green card to every graduate degree and the other is making it easier to acquire an H1B without making it reforming the H1B considering worker rights. I can only hope the middle ground they will eventually take between these two approaches doesn't fuck it up completely.

by eshvk 14y ago

geebee 14y ago

That certainly is the intent. As it turns out, it's pretty easy to categorize someone below his or her skill level, and then pay the prevailing wage for the lesser job category. I'm ok with a prevailing wage requirement, mainly because I see no reason to grant a work visa for an employer who intends to pay indisputably a well below market wage rate. So it isn't irrelevant, but compared to the right to leave your job [1], it's very weak protection. However, there's nothing like being allowed to quit your job and take a new one to ensure that you really are being compensated properly for your skills. I'd take that over various regulations meant to "protect" me any day of the week. [1] People will point out that H1B holders can and do change jobs. But can they quit and start their own consulting company? Quit and apply to med school or law school, or enter a completely different line of work? To me, this is about basic human freedom.

eshvk 14y ago
> However, there's nothing like being allowed to quit your job and take a new one to ensure that you really are being compensated properly for your skills. I'd take that over various regulations meant to "protect" me any day of the week. Completely agreed. Personally, I used to be on an H1B and I know how stressful it can be when you realize that things out of your control can suddenly mean that you have to either scramble around looking for a job (and you can't spend the necessary time to do the due diligence to ensure that that job is what you want to do) or decide how you are going to leave friends and the home you have started building for yourself here. To me, this is the problem that I don't see people trying to solve. The article calls an H1B an indentured servant and I am not sure I disagree. There are two extremes: One is stapling a green card to every graduate degree and the other is making it easier to acquire an H1B without making it reforming the H1B considering worker rights. I can only hope the middle ground they will eventually take between these two approaches doesn't fuck it up completely.