4 ms·

Here are a few of the problems (by no means comprehensive): The H1B Problem =============== * Foreign high-tech workers need a document called an H-1B visa.

by yid 14y ago

Here are a few of the problems (by no means comprehensive): The H1B Problem =============== * Foreign high-tech workers need a document called an H-1B visa. * A limited number of H-1B visas are handed out each year. * If more people apply than the limit of visas, the recipients are picked by lottery. * H-1B visas go to two types of workers: (a) low-grade skills, underpaid, working in "consulting" sweatshops in Edison, NJ, and (b) mid- to high-grade skills, paid at or above market, working at reputable companies like FB, Google, etc. * It's questionable whether people of type (a) are needed or good for the economy. It's pretty clear that people of type (b) are needed and good for the economy. However, the balance doesn't reflect that. The citizenship problem ======================= * A foreign student can get a U.S. undergraduate degree, go on to get a Ph.D. at a U.S. university, all the while paying federal, state, and other taxes. They can go on to get a sweet job at Facebook or Google, and get put on a "path to citizenship". If they happen to be from India or China, they then have to wait anywhere from 5-9 years to get their permanent residence ("green card"). For a portion of this time, if they switch employers, they get to start the process all over again, from scratch. * A pedophile drug dealer puppy strangling wife-beater can arrange a faux wedding with an American citizen and get their permanent residence in less than a year, regardless of where they are from.

thomasjames 14y ago
The quotas on a per country as opposed to population basis have to do with national security. No country would let a massive portion of its population potentially represents the interests of any one foreign sovereign entity. American exceptionalism only goes so far in this case. Hold the U.S. to the standards it sets for itself, but this is going to be a tricky issue to negotiate. A lot of it comes down to common sense.
- yid 14y ago
  This is about permanent residence. The government couldn't give a damn what a permanent resident thinks -- they pay taxes, but cannot vote at any level. So I don't really see your point about foreign interests. Also, not all green card holders are on a path to citizenship, and I'm sure a lot of H1-B holders would be just fine with permanent residence that is not on a path to citizenship.
scilro 14y ago
There's nothing stopping the H1-B worker from also arranging a false wedding (or a real one), though.
- untog 14y ago
  In theory, there absolutely is. In order to get a green card you have to provide all kinds of proof of relationship.
  - ktsmith 14y ago
    The criminal in the above situation would have to provide the same proof of relationship and any criminal record is going to be an issue.
Uhhrrr 14y ago
Plus, the pedophile drug dealer puppy strangling wife-beater can also walk across the border (north or south, your pick) and probably not get deported, like the 11 million illegal immigrants who are already here.
ktsmith 14y ago
* A foreign student can get a U.S. undergraduate degree, go on to get a Ph.D. at a U.S. university, all the while paying federal, state, and other taxes. Not exactly, depending on status these students are going to be tax exempt. For a portion of this time, if they switch employers, they get to start the process all over again, from scratch. AC-21 portability allows those that are on an H1-B to transfer jobs even if they've applied for permanent residency with a few minor restrictions. For example, you can't change jobs within 180 days of applying, must be changing to a job within the same or similar type/classification (not well defined), must be paid a similar wage, and a couple of technical eligibility questions must be true in regards to form filings.
- isb 14y ago
  You do get extra tax deductions as an international student if your country has a treaty with the U.S. Which countries are completely exempt? AC-21 portability doesn't come into play until you are almost at the end of the green card process. The long wait is before you get to that stage.
  - ktsmith 14y ago
    For student tax exemption you would be best off referring to the following link. Deductions has to do with treaties, exemption not so much. http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Student-Liability-for-Social-Security-and-Medicare-Taxes http://www.irs.gov/Individuals/International-Taxpayers/Forei... > AC-21 portability doesn't come into play until you are almost at the end of the green card process. The long wait is before you get to that stage. This is not true at all. AC-21 portability allows the transfer of employment to another employer willing to sponsor the visa. Employment with the new employer can begin as soon as a request to transfer has been filed. The confusion is usually surrounding the idea that once permanent residency has been applied for the employee is stuck, which is true for 180 days post application. From the M-274 Handbook for employers (documentation on Form I-9 but relevant to this case) Under the American Competitiveness Act in the Twenty First Century (AC-21), an H-1B employee who is changing employers within the H-1B program may begin working for you as soon as you file a Form I-129 petition on his or her behalf. To qualify for AC-21 benefits, the new petition must not be frivolous and must have been filed prior to the expiration of the individual’s period of authorized stay. You must complete a new Form I-9 for this newly hired employee. An H-1B employee’s Form I-94/Form I-94A issued for employment with the previous employer, along with his or her foreign passport, would qualify as a List A document. You should write “AC-21” and enter the date you submitted Form I-129 to USCIS in the margin of Form I-9 next to Section 2. See Completing Form I-9 for Nonimmigrant Categories when Requesting Extensions of Stay below. For more information about employing H-1B workers, please visit www.uscis.gov.

by yid 14y ago

thomasjames 14y ago

The quotas on a per country as opposed to population basis have to do with national security. No country would let a massive portion of its population potentially represents the interests of any one foreign sovereign entity. American exceptionalism only goes so far in this case. Hold the U.S. to the standards it sets for itself, but this is going to be a tricky issue to negotiate. A lot of it comes down to common sense.

yid 14y ago
This is about permanent residence. The government couldn't give a damn what a permanent resident thinks -- they pay taxes, but cannot vote at any level. So I don't really see your point about foreign interests. Also, not all green card holders are on a path to citizenship, and I'm sure a lot of H1-B holders would be just fine with permanent residence that is not on a path to citizenship.

scilro 14y ago

There's nothing stopping the H1-B worker from also arranging a false wedding (or a real one), though.

untog 14y ago
In theory, there absolutely is. In order to get a green card you have to provide all kinds of proof of relationship.
- ktsmith 14y ago
  The criminal in the above situation would have to provide the same proof of relationship and any criminal record is going to be an issue.

Uhhrrr 14y ago

Plus, the pedophile drug dealer puppy strangling wife-beater can also walk across the border (north or south, your pick) and probably not get deported, like the 11 million illegal immigrants who are already here.

ktsmith 14y ago

* A foreign student can get a U.S. undergraduate degree, go on to get a Ph.D. at a U.S. university, all the while paying federal, state, and other taxes. Not exactly, depending on status these students are going to be tax exempt. For a portion of this time, if they switch employers, they get to start the process all over again, from scratch. AC-21 portability allows those that are on an H1-B to transfer jobs even if they've applied for permanent residency with a few minor restrictions. For example, you can't change jobs within 180 days of applying, must be changing to a job within the same or similar type/classification (not well defined), must be paid a similar wage, and a couple of technical eligibility questions must be true in regards to form filings.

isb 14y ago
You do get extra tax deductions as an international student if your country has a treaty with the U.S. Which countries are completely exempt? AC-21 portability doesn't come into play until you are almost at the end of the green card process. The long wait is before you get to that stage.
- ktsmith 14y ago
  For student tax exemption you would be best off referring to the following link. Deductions has to do with treaties, exemption not so much. http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Student-Liability-for-Social-Security-and-Medicare-Taxes http://www.irs.gov/Individuals/International-Taxpayers/Forei... > AC-21 portability doesn't come into play until you are almost at the end of the green card process. The long wait is before you get to that stage. This is not true at all. AC-21 portability allows the transfer of employment to another employer willing to sponsor the visa. Employment with the new employer can begin as soon as a request to transfer has been filed. The confusion is usually surrounding the idea that once permanent residency has been applied for the employee is stuck, which is true for 180 days post application. From the M-274 Handbook for employers (documentation on Form I-9 but relevant to this case) Under the American Competitiveness Act in the Twenty First Century (AC-21), an H-1B employee who is changing employers within the H-1B program may begin working for you as soon as you file a Form I-129 petition on his or her behalf. To qualify for AC-21 benefits, the new petition must not be frivolous and must have been filed prior to the expiration of the individual’s period of authorized stay. You must complete a new Form I-9 for this newly hired employee. An H-1B employee’s Form I-94/Form I-94A issued for employment with the previous employer, along with his or her foreign passport, would qualify as a List A document. You should write “AC-21” and enter the date you submitted Form I-129 to USCIS in the margin of Form I-9 next to Section 2. See Completing Form I-9 for Nonimmigrant Categories when Requesting Extensions of Stay below. For more information about employing H-1B workers, please visit www.uscis.gov.