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I would prefer a system where the candidate can leave the job immediately, or worst case, after 3-6 months of arriving in the US. The company that does the spon

I would prefer a system where the candidate can leave the job immediately, or worst case, after 3-6 months of arriving in the US. The company that does the sponsoring should not have the power to hold on to the employee. If the candidate can stay employed in his/her field and average[1] the salary filled on the non immigrant application sheet for 4 out of the 5 year period, then, regardless of company, the green card should be reachable. It is certainly a risk for the sponsoring company but that is known ahead of time and not unlike the risk of hiring a local candidate. There certainly should be no compensation for losing an employee (local or via H1). Employee mobility should not be different just because of your visa status. Summary: Open work permits that segue into GC's are my preferred approach. [1] Verified via IRS filings. The applicant gives permission to DHS to check the IRS filings.

gorbachev 12y ago
Once you're on an H1-B visa, transferring it to another company is quite a bit easier, and NOT subject to the quotas. It's completely doable. The only downside is that processing the visa transfer takes time. Nowhere near the amount of time it takes to get a new visa, of course, but it's still longer than a two week notice.
- geebee 12y ago
  You are also very limited in the kind of jobs you can take. I think that part of the appeal of the H1B is that it creates a pool of programmers who are only allowed to be programmers. Keep in mind, the biggest competition for programmers may come from outside the field. In my opinion, being a programmer is actually very difficult. Even the much derided "crud" apps require a substantial amount of reading of dense material, tremendous persistence in the face of strange and obscure bugs and errors, the ability to communicate with (and negotiate with) non-technical stakeholders under deadline pressure… really, people who can do this are able to take jobs that often pay better with more stability in other fields, provided that they are free to do so. For instance, registered nurses and dental hygienists in the bay area earn a bit more and a bit less than application developers, respectively. Under the H1B terms, it would be difficult for a programmer to become a physician, lawyer, nurse, dental hygienist, mortgage broker, or many other jobs. As a result a salary and prospects gap can emerge between programming and these fields - increasing the probability that those people with freedom and choice will avoid programming (and ensuring that the "shortage" continues decade after decade). Truth is, visa programs that are designed to target specific jobs or industries by allowing workers only to work for a specific employer or in a specific field are likely to end up badly distorting labor markets.

gorbachev 12y ago

Once you're on an H1-B visa, transferring it to another company is quite a bit easier, and NOT subject to the quotas. It's completely doable. The only downside is that processing the visa transfer takes time. Nowhere near the amount of time it takes to get a new visa, of course, but it's still longer than a two week notice.

geebee 12y ago
You are also very limited in the kind of jobs you can take. I think that part of the appeal of the H1B is that it creates a pool of programmers who are only allowed to be programmers. Keep in mind, the biggest competition for programmers may come from outside the field. In my opinion, being a programmer is actually very difficult. Even the much derided "crud" apps require a substantial amount of reading of dense material, tremendous persistence in the face of strange and obscure bugs and errors, the ability to communicate with (and negotiate with) non-technical stakeholders under deadline pressure… really, people who can do this are able to take jobs that often pay better with more stability in other fields, provided that they are free to do so. For instance, registered nurses and dental hygienists in the bay area earn a bit more and a bit less than application developers, respectively. Under the H1B terms, it would be difficult for a programmer to become a physician, lawyer, nurse, dental hygienist, mortgage broker, or many other jobs. As a result a salary and prospects gap can emerge between programming and these fields - increasing the probability that those people with freedom and choice will avoid programming (and ensuring that the "shortage" continues decade after decade). Truth is, visa programs that are designed to target specific jobs or industries by allowing workers only to work for a specific employer or in a specific field are likely to end up badly distorting labor markets.