5 ms·
H1B workers are not indentured servants
- wavefunction 13y agoWhy is it that you guys are underpaid then, in comparison to domestic labor. Certainly you might argue that domestic labor is "overpaid," but then one must consider our (domestic and foreign origin) contributions to the bottom line and our resulting reward. In my opinion if you can do as well or better than I, why are you not better recompensed? We are your brothers and sisters all over the world, and we all deserve an equitable share relative to our contributions to the bottom line.
- udit99 13y ago> Why is it that you guys are underpaid then I believe I did give reasons in the post. Let me know if I wasn't clear enough on a specific point.
- curiousDog 13y agoI'm certainly not underpaid. I was among the top 1% of our graduating CS class in a top 10 US university. And I'm probably the highest paid among our classmates now. That being said, I do agree that H-1Bs increase supply and drive down salaries (which I don't think is necessarily a bad thing for the tech industry. US tech companies now have a vast, accessible talent pool to choose from). And also agree with the fact that there are some fraudulent consulting companies exploiting the system.
- fecak 13y agoIf you went to a US university, are you on an H-1 at this point or one of the other visas (F-1 IIRC?)? The reason I ask is my understanding of the visas for graduates of US programs is that there is no cost or real burden on the employer for a few years, which is much different than an H-1 that might have expectations of GC processing.
- curiousDog 13y agoI started on a H-1 right after school (where I was on an F-1) and my GC was filed within the first month of my joining msft. But you're right, people on F-1 can stay on something called OPT for 2 yrs after graduating whilst working. But my employer decided against that because not only is it a pain in the ass to work with that, there's no guarantee that you'll have enough H-1s left 2 yrs down the road.
- abc_lisper 13y agoI am an Indian. I'll let you in on a (open?) secret because I have nothing to lose and I am no part of it. All the stuff I am going to tell you is from my personal experience with my friends, and their stories. Here's how these body shops work: 1. Find a guy/gal who is a reasonable match for the job and place him/her in it. No problem with that. 2. The employee may not have prior experience in the field he claims he has in his resume. The body shops know this. They sometimes fix your resume for you. 3. If the body shops are not confident in you, they might arrange for a proxy to interview in your place for a "charge". Most of the times in consulting, a phone interview usually suffices. 4. Some (good)body shops split the wage 80(for the employee)/20(for the employer). In case they did proxy someone in for you, they might divide it more evenly in their favor. 5. The body shops may have someone in the said company where he is placing their candidate and they may receive kickbacks(few dollars/head/hour). 6. Usually the body shops are scum of the earth; if you think car dealers are the worst, think again. They will lie,beg,steal to make more money off of you in anyways they can. 7. And finally to come to your point, why H-1s are underpaid; In my experience they are not underpaid at all. They usually make twice of what I make(and I am a programmer in SV). It is just that they lie that it seems low. Many a time the body shop pays the employee about 50% in income as per-diem. All in all, it is not uncommon that they make 200k a year. However, remember that body shops are the worst of the worst people and they may steal your money and not pay for months on end sometimes. Depends on how desperate you are.
- diogenescynic 13y agoCognizant, Infosys, GlobalLogic, Symphony, TCS...
- null_ptr 13y agoOnly PhD's and equivalents can get green cards in 1-2 years, it takes much longer for everyone else regardless of country of origin. As far as H1's having job options to pick from, the difference between Large Corp 1 and Large Corp 2 is small enough not to matter. Are small tech firms interested in foreign workers as much as their bigger brothers are?
- udit99 13y ago>Only PhD's and equivalents can get green cards in 1-2 years Not true. The EB-2 category (Masters Degree/5+ years of experience) has no waiting period as long as you're not from a handful of countries. The category is "current", which is to say that the time taken to get a GC in this category is going to be pretty much the time taken to file/process paperwork + a 180 day mandated period. This is what totals up to 1-1.5 years. > Are small tech firms interested in foreign workers as much as their bigger brothers are I can't speak for all companies, but in the Bay area, I've had offers from more than one 20-100 person startups with the assurance of H1/GC filings.
- dragonwriter 13y ago> The EB-2 category (Masters Degree/5+ years of experience) has no waiting period as long as you're not from a handful of countries Which handful, because of the way the system works, are (pretty much by definition) the ones where most qualified and sponsored applicants come from, since the waiting lists are simply the result of the degree to which fully qualified (including sponsored) applicants in the category from the country exceed the by-country limits for the category.
- udit99 13y agoChina, India, Mexico, Philippines.[1] The system doesn't explicitly discriminate against "talented" countries, it just stacks the odds against highly populated countries since there is a per-country cap on the number of GCs issued. [1]http://travel.state.gov/visa/bulletin/bulletin_6062.html http://travel.state.gov/visa/bulletin/bulletin_6062.html
- Amadou 13y agoEmployers can’t hire H1 workers for peanuts. There are regulations in place to ensure that employers pay their H1 workers a minimum prevailing wage. That statement is true, but meaningless. Never in the history of the H1B visa program has there been any budget allocated to enforcing those regulations. I am not omniscient, but I am only aware of two cases of prevailing-wage enforcement actions over the last 15+ years and they both involved someone making a huge stink because they found out that the job they were denied went to an H1B for a much lower salary. The common misconception of being under an obligation to work for X number of years for an employer comes from the fact that H1 workers from a handful of countries (India, China, Mexico etc.) It may be a handful of countries, but what matters is how many visa holders come from those countries. About half of all H1B holders come from India alone. http://articles.economictimes.indiatimes.com/2011-01-16/news-by-industry/28428170_1_h-1b-visa-h-1b-programme-h-1b-hiring http://articles.economictimes.indiatimes.com/2011-01-16/news...
- udit99 13y agoAs part of the H1 filing process, employers are required to post an LCA (Labor Condition Application) at the workplace. This is an official-looking document typically stuck on a pinboard around the workarea. Amongst other things, this explicitly lists the prevailing wage/salary at which the H1 is hired. So, in effect there is nothing hidden from other employees or the employee being hired. I have second hand knowledge that LCA placement is in fact audited. In any case, LCA placement has been enforced by the legal department in my last couple of workplaces. >About half of all H1B holders come from India alone. Yes, that is true and I'm not denying that. My point is to clarify misconceptions about the H1 Visa program itself being legal slave labor and focusing on highlighting the subtleties that give it this perception.
- diogenescynic 13y ago>As part of the H1 filing process, employers are required to post an LCA As someone who works in immigration, the LCA is almost never posted. And if the prevailing wage is too high, they will just apply under a different SOC category and job title. There are no real ways for USCIS to enforce these rules.
- Matt_Mickiewicz 13y ago"They have a smaller job pool to choose from, but in the tech industry (context of most HN discussions about H1s), there really isn’t a shortage of employers willing to file." To quantify, on DeveloperAuction we've found that Engineers on H1B's get an average of 32% fewer job opportunities than citizens/green card holders.
- nell 13y agoThe author is pretty accurate. The disadvantageous position for H1 holders is that they depend on the employer to stay in the US. I also know of low wage consultants being hired by companies and they never fill in the top spots or even the mid level ones. The best jobs are always competitive regardless of how many cheap consultants are in the market. And every low-wage consultant wants to make more money given the chance and ability. If anyone is complaining that a low end job is being taken by a low wage consultant, I'd say aim higher.
- jbarham 13y agoAs a Canadian citizen who worked in California on a H1B I can state that the article's claim that people like me (i.e., not Indian or Chinese) get their green cards is categorically false. For starters, the preliminary paperwork, even if your employer starts the process immediately--and many don't--can take well over a year. In my case I was waiting 15 months before I gave up and relocated to Australia.
- udit99 13y agoSpeaking from personal experience, an immediate GC filing is something that I have negotiated as a sine qua non for changing jobs. I understand that H1s in other professions may not have the leverage to negotiate this, but the current demand for software developers makes this a no-brainer at the negotiating table. As for the time taken, my personal experience has been that PERM takes about 6 months. After that I-140 + I-485 can be concurrently filed if your Priority date is current. They can take another 6 months to get approved. After that there is a mandatory 180 day period before you can switch jobs. Total average case time should be around 1.5 years. This assumes that your application is not audited and your immigration lawyers are not backlogged. YMMV.
- greencardholder 13y ago"After that there is a mandatory 180 day period before you can switch jobs." This is false. There's a lot of misinformation on the internet about this. Speak to an immigration attorney and you will discover there's no mandatory period whatsoever. See also: Rights and Responsibilities of a Green Card Holder (Permanent Resident) http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3f43a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=f3f43a4107083210VgnVCM100000082ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b...
- udit99 13y agoAccording to AC21[1] 106(c) ", the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs or employers, if: • A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained un-adjudicated for 180 days or more; and • The new job is in the same or similar occupational classification as the job for which the petition was filed. " [1]Policy and Procedural Memoranda on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/ac21_30may08.pdf http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memor...
- fecak 13y agoRecruiter here, and I can't even count how many candidates I've had contact me looking for a new job (I recruit engineers) at the very moment they received their green card. There are many consulting companies that do mostly 'body shop' work that are more than willing to hire H-1 holders and draw out the green card process in order to keep the employee and the very large margins they can charge. Some of these companies actually have the H-1 employee look for their own assignments in addition to doing the work. So they are essentially independent consultants, taking maybe 50% of their bill rate home over several years. The good news is that when they do jump to a new employer with a green card in hand, they often get massive raises. The bad news is they never make up for those lower wages paid to them over several years. Most of those I refer to are from India and China as the author states, which in tech does account for a significant amount of people. I would certainly classify the companies that clearly prey on these H-1 hires as being mostly responsible for the prevailing 'indentured servant' tag. It's shameful.
- potatolicious 13y ago> "H1 workers who’re not citizens of these handful of sucks-to-be-born-here countries can get Green Cards within 1-2 years and enjoy unfettered job mobility." Yes, and this still results in 1-2 years of indentured servitude. As the author defines at the very beginning of the blog post: > "inden′tured serv′ant: A person who is bound to work for another for a specified period of time." There is a substantial period of time - longer for some, shorter for others, where your employer has your entire life in a stranglehold and can throw you under the bus at a moment's notice. I'm not sure how that doesn't qualify as indentured servitude?
- udit99 13y agoBecause as I clarify in the post, no H-1 is BOUND to work for their employer. They are free to quit and go back home, or change employers. Yes, the employer has an advantage of being in a position where he can kill your American Dream, but H-1 workers change jobs ALL the time.
- potatolicious 13y agoAnd most indentured servitude arrangements around the world aren't bound to their employers either - but there are other highly coercive forces at play that prevent people from leaving. Imagine holding someone's family hostage in exchange for them doing something - while they are technically free to do whatever the hell they want, the reality of it is that they are, for all practical intents and purposes, bound to your will. This is, at the end of the day, somewhat of a gray area. How much influence do you need over someone's life before you become a coercive force? IMO the ability to completely unravel your life - to force you to suddenly move (within days!), to eject you from your resident country, etc, clearly falls under this umbrella. H-1Bs change jobs all the time. I've done it myself. But once the green card is in the works, the indentured servitude begins. So perhaps more accurately, H-1Bs aren't indentured servants, but a very large subset of them (i.e., anyone after a GC) are.
- malandrew 13y ago"4. H1 workers who’re not citizens of these handful of sucks-to-be-born-here countries can get Green Cards within 1-2 years and enjoy unfettered job mobility." Citation please.
- arkem 13y agohttp://travel.state.gov/visa/bulletin/bulletin_6062.html http://travel.state.gov/visa/bulletin/bulletin_6062.html If you fit in the second employment related priority categorie (EB-2) and aren't from China or India your visa process has no backlog. EB-2 status is granted to people with Masters degrees or Bachelors + 5 years experience.
- greencardholder 13y agoSee the August 2013 Visa Bulletin [1] for Employment Based priority dates. [1] http://travel.state.gov/visa/bulletin/bulletin_6028.html http://travel.state.gov/visa/bulletin/bulletin_6028.html
- deleted 13y ago[deleted]
- ericgoldberg 13y agoIt seems like this article is saying "H1B workers are not LITERALLY indentured servants, but here's a ton of reasons they are at a huge disadvantage." So basically the article is railing against the semantics of an exaggerated expression people use to highlight a problem everyone acknowledges exists.
- udit99 13y ago> railing against the semantics of an exaggerated expression I'm arguing that those exaggerated expressions seem to be in use so much lately that its misleading people into believing false information about the H1 program and its evils. I would really hope that none of what I clarified needed to be clarified and was common knowledge already. But despite HN being a fairly knowledgable crowd, the extent of the discussion here suggests otherwise.