[HN Gopher] Tech firms' nightmare: Vanishing green cards
       ___________________________________________________________________
        
       Tech firms' nightmare: Vanishing green cards
        
       Author : mavelikara
       Score  : 99 points
       Date   : 2021-09-26 18:20 UTC (4 hours ago)
        
 (HTM) web link (www.axios.com)
 (TXT) w3m dump (www.axios.com)
        
       | geodel wrote:
       | One of thing that is not discussed a lot in these discussion of
       | 20-100 year wait times for India origin H1B people is that one of
       | the big abuser of Employment based GC are India based WITCH
       | (Wipro, Infosys, TCS, Cognizant, HCL) companies via EB1C visa.
       | 
       | So who get these EB1C visa? Well technically International
       | managers but over a decade and half these WITCHs have brought
       | hundreds of thousand mid level, non-technical account managers on
       | L1 visa and filed for their green cards which are processed in
       | say six months as opposed to decades for H1B folks. Due to this
       | rampant misuse, the availability of employment based green cards
       | is reduced drastically for H1B folks around same time.
       | 
       | EB1C abuse is one of the biggest source of green card delays for
       | H1B folks. And since it is legal in letter of law all this abuse
       | go unnoticed.
        
       | ldjkfkdsjnv wrote:
       | The horror of H1B bosses not being able to only hire H1Bs from
       | their own country!
        
       | cletus wrote:
       | As someone who has gone through this process let me summarize
       | some of the issues this always raises:
       | 
       | 1. Green cards have a per-country cap (of 7%) but there is no
       | per-country cap for work visas. This creates a bottleneck since
       | India has the same quota as French Polynesia;
       | 
       | 2. Applications for work visas and green cards from low-value
       | employers, specifically IT body shops (eg Tata) are clogging up
       | the system. Relatively few of both of these categories are
       | actually being given to high0-value employers like the Big Tech
       | companies;
       | 
       | 3. H1B visas are for 3 years and can be renewed once, for a total
       | of 6 years. After this there needs to be a gap of a year. But if
       | you have a pending green card application you can stay
       | indefinitely;
       | 
       | 4. Demand exceeds supply (being the annual quota), which leads to
       | a lottery situation. One of the few things the previous
       | disastrous administration proposed that I actually agree with was
       | the proposal to prioritize work visas based on compensation
       | rather than handing them out randomly. This would help combat the
       | body shops in (2);
       | 
       | 5. The bottleneck in (1) means people from certain countries,
       | most notably India, means employees may be in the queue for
       | decades. This is actually an advantage for those aforementioned
       | body shops. it is a modern form of indentured servitude. The
       | employee can't leave nor complain about conditions because then
       | they lose their application and have to return home;
       | 
       | 6. This can go on so long that children of said employees age out
       | of the system before their parents are granted a green card. If
       | when granted a green card you have children under the age of 18
       | they automatically become permanent residents. After that, they
       | don't. This can mean that children who turn 18 may need to leave
       | the US and return to a country they have possibly never known.
       | This is barbaric and inhumane;
       | 
       | 7. Before the pandemic there were proposals to alleviate this
       | situation by removing the per-country cap. The pandemic stalled
       | this and it seems to be dead. I personally think this was the
       | wrong solution as it means we would spend the next 3-10 years
       | where only backlog applications would get processed. As such,
       | it's likely to be met with resistance from other immigrant
       | groups. We need a better solution; and
       | 
       | 8. If a person is granted a green card and has a spouse and 2
       | children that counts as 4 in terms of the quota for employment-
       | based green cards, both in total and per country of birth. This
       | too is problematic.
        
         | Nesco wrote:
         | > If when granted a green card you have children under the age
         | of 18 they automatically become permanent residents. After
         | that, they don't. This can mean that children who turn 18 may
         | need to leave the US and return to a country they have possibly
         | never known. This is barbaric and inhumane;
         | 
         | I disagree with you, it put the young adult (it's 21 and not a
         | 18 I think) in a complicated situation. However H1-B was never
         | voted to be a path towards permanent residency but as a three-
         | years work visa, the parents should take this into account from
         | the beginning
        
           | cletus wrote:
           | Two counterpoints:
           | 
           | First, the H1B visa in particular is classified by law and by
           | USCIS as an _immigrant intent_ visa. That is to say that it
           | 's not incompatible with having intention to immigrate to the
           | United States. Put another way: this specific case was
           | thought about and included in the visa system so you can't
           | argue it wasn't the intent. It explicitly was.
           | 
           | Second, there's no reason why someone should be in work visa
           | limbo for 20 years. That's by choice (of the US government).
           | Having made that choice, you're somewhat responsible for the
           | consequences. That includes not deporting people to a country
           | they may have no memory of and may not even speak the
           | language.
           | 
           | This same issue is relevant to DACA recipients (aka
           | "Dreamers") who are typically children who through no choice
           | of their own were brought to the United States as young
           | children and know nowhere else as their home. It is cruel and
           | unreasonable to deport such people to countries they have
           | never known.
        
         | paxys wrote:
         | Re: 4 - the problem with compensation-based H-1B prioritization
         | is that the skills gap in the country doesn't correlate very
         | well with salaries. A hospital in rural Kentucky that needs
         | immigrant doctors and nurses to serve a critical need to the
         | community isn't going to be able to compete with a Silicon
         | Valley startup that is burning through VC dollars and offering
         | new grads mid-six figure salaries.
        
           | mdorazio wrote:
           | I personally don't see this as a problem. If you cannot
           | afford to pay for the workers you need then something is
           | wrong with your business model and you need to fix it or the
           | community (read:voters) need to deal with not having your
           | service. In the case of a rural hospital it's a combination
           | of several things within the US healthcare system being
           | completely messed up, but shoving H-1B workers in to plaster
           | over the problems is not the solution we need.
        
           | syshum wrote:
           | The hospital in rural Kentucky needs a physical person in KY
           | 
           | Silicon Valley does not, I am not sure why SV would not just
           | hire the programmer in India, instead of bringing them to
           | Silicon Valley, infact I am pretty sure we are going to see
           | that more and more in the next few years
        
           | cletus wrote:
           | This is a solvable problem. There are already categories for
           | different occupations. You could put nurses (for example) in
           | their own category with their own quota.
           | 
           | Rand Paul, of all people, actually had a pretty reasonable
           | alternative to the 2019 bill [1] that took a different
           | approach: nurses were simply excluded from the annual quota.
           | 
           | [1]: https://www.cato.org/blog/sen-pauls-believe-act-raises-
           | skill...
        
             | paxys wrote:
             | That is a band-aid fix, not a solution. Sure Congress can
             | pass a bill to exclude nurses from the quota. Then do they
             | pass another bill when the shortage is over, to prevent
             | abuse? What if the year after there is a shortage of
             | welders? Should companies rely on Congressional action
             | every few months and for every profession?
        
               | cletus wrote:
               | That's not necessarily true. In determining priority
               | categories, Congress is free to delegate that power to
               | USCIS, the Secretary of Labor or another official or
               | agency.
               | 
               | It's worth nothing that all H1Bs are technically priority
               | occupations. Part of the process is to receive a labor
               | certification that demonstrates you, as an employer, were
               | unable to fill the position with a US citizen or
               | permanent resident.
               | 
               | That itself is a whole can of worms because the system is
               | heavily gamed to ensure that many such positions remain
               | technically unfulfillable locally. For example,
               | advertising such jobs where people are unlikely to find
               | them and apply for them (eg in newspapers).
               | 
               | Now for big tech jobs, that need is genuine. For the body
               | shops, it isn't. Despite attempts in the system to ensure
               | such jobs are paid a fair market wage, they are not. The
               | only people who take them are those Indian nationals who
               | are so desperate to emigrate to the United States that
               | they are willing to endure pseudo-indentured servitude
               | for possibly decades if they and their family can have a
               | better life.
               | 
               | That's a noble goal to be sure but we shouldn't enable
               | employers to take advantage of them so. Even worse, in
               | doing so, they're costing genuinely good jobs in big tech
               | because of the lottery system.
        
               | OldHand2018 wrote:
               | You're right, and since the H1-B has effectively been
               | "captured" by west coast tech companies, there are only a
               | small handful of Senators that care to really fix it.
               | 
               | Perhaps the best band-aid fix is to add H1-B quotas by
               | state, because then you might end up getting enough
               | support throughout the nation for an actual solution. The
               | military industrial complex has a lesson for us to learn?
        
           | tfehring wrote:
           | If there are more prospective immigrants each year who are
           | qualified for US jobs paying (say) $250k+ than the total
           | number of available slots, that's a pretty clear and
           | unambiguous signal that the cap should be raised. Really I
           | don't see a reason to have any cap whatsoever on immigrants
           | with that level of earning potential as long as appropriate
           | anti-abuse measures are put in place.
        
         | VictorPath wrote:
         | > This can mean that children who turn 18 may need to leave the
         | US and return to a country they have possibly never known. This
         | is barbaric and inhumane
         | 
         | Alternatively, if you apply to a temporary job where you swear
         | for the visa that it is temporary work and not a job, and it
         | only lasts for 3 years which you keep renewing, maybe they made
         | a mistake in doing this - spending 18 years renewing a 3 year
         | visa 6 times. They're free to return home at any time, they
         | abused this visa system and are now expecting to be rewarded
         | for it.
        
           | toast0 wrote:
           | > They're free to return home at any time, they abused this
           | visa system and are now expecting to be rewarded for it.
           | 
           | The system allows them to apply for permanent residency while
           | on H1B and stay indefinitely while the application is
           | pending. How is doing what the system specifically allows
           | abusing the system? If this was actually intended as a 3-6
           | year visa program, you wouldn't be allowed to apply for
           | permanent residency and stay indefinitely.
           | 
           | That the backlog is so long that it's essentially impossible
           | to know if you'll be able to get permanent residency for you
           | and your children before they become old enough that they can
           | no longer stay because of your status is kind of crazy. It
           | depends on how many people die or otherwise abandon their
           | applications before you (if there's a deep enough recession
           | and you can keep your job, you might shave a lot of years off
           | the wait). It doesn't make a lot of sense to me that if your
           | parents applied for permanent residency when you were 5 and
           | it took 15 years, you'll have status, but if it takes 16
           | years (i think the actual relevant age is 21, but adjust in
           | case it's 18), you won't. There really should be some
           | transfer of status to these children, at least if they've
           | been in the process for at least 5 years.
           | 
           | One set of my grand parents immigrated here in the mid 1900s,
           | but it was easier then, you showed up at Ellis/Angel Island
           | and weren't in an excluded group and that was it. There
           | wasn't a decade+ long wait if you happen to come from a
           | country with lots of people who want to be here. For many of
           | the family residencies, if you were born in Mexico, current
           | priority dates are from the 1990s. I can't imagine asking a
           | sibling to move to be closer to me and them saying OK, I'll
           | move in 25 years or so.
        
           | dan-robertson wrote:
           | If the H1-B is not meant to be a path to citizenship, why are
           | people on H1-Bs allowed to apply for green cards? Other
           | 'temporary' work visas do not allow for this
        
           | Cederfjard wrote:
           | What's your take on the dual intent concept? What does it
           | mean and why was it introduced?
        
         | Factorium wrote:
         | H1B visas should also have a per-country cap. Having a within-
         | country male gender cap would also be useful, to encouraging
         | overall equality and diversity in the immigration intake.
        
         | curun1r wrote:
         | As far as 4 goes, ratios are a better solution to the body shop
         | problem. There's no need to even limit the number of work visas
         | granted so long as the companies that are able to hire
         | foreigners also hire the requisite number of Americans in
         | similar positions.
         | 
         | There are a number of other advantages to this too. For one, it
         | helps immigrants integrate better the more Americans they end
         | up working with. The current system can result in silos where
         | immigrants mostly work with other immigrants. And it helps
         | Americans to work alongside skilled workers by giving them
         | increased learning opportunities. It also works better for
         | lower-paid skilled positions like nurses and scientists who
         | don't have to compete with higher-paid tech workers for visas.
         | 
         | I'm okay with giving an unlimited number of visas (background
         | checks required) to any company that employs at least 70%
         | Americans in each salary band. At worst, it creates an
         | incentive to hire unqualified Americans just to get access to
         | foreign talent, which is still a win for this country.
        
         | q-big wrote:
         | > This can mean that children who turn 18 may need to leave the
         | US and return to a country they have possibly never known. This
         | is barbaric and inhumane;
         | 
         | I would rather suggest to change
         | 
         | > 3. H1B visas are for 3 years and can be renewed once, for a
         | total of 6 years. [...] But if you have a pending green card
         | application you can stay indefinitely;
         | 
         | to "You didn't get a green card in this timeframe? Bad luck -
         | go home." This would solve the mentioned problem with children
         | and also the mentioned problem
         | 
         | > 5. [...] it is a modern form of indentured servitude. The
         | employee can't leave nor complain about conditions because then
         | they lose their application and have to return home;
        
           | Cederfjard wrote:
           | > You didn't get a green card in this timeframe? Bad luck -
           | go home."
           | 
           | Please excuse an uninformed question, but does anyone get a
           | green card within that timeframe?
        
             | thaumasiotes wrote:
             | Yes, it's not hard to do. Marry an American and it will
             | take much less than 9 years to get a green card, if you
             | want one.
        
       | ergocoder wrote:
       | This may not be a popular opinion.
       | 
       | I'm not sure why US is so against getting more of the best and
       | the brightest, meanwhile we are pushing to get more refugees
       | instead.
       | 
       | H1B/greencard often acquires the very best mind of foreign
       | countries. More is good.
       | 
       | At the current state, we try hard to get less the best and the
       | brightest and more refugees.
       | 
       | I understand there's a humanity reason for the refugees. But why
       | can't we do both?
        
         | bfjyo68b wrote:
         | > At the current state, we try hard to get less the best and
         | the brightest and more refugees.
         | 
         | You are biased because you are Indian. It's apparent in the way
         | you type.
        
           | ergocoder wrote:
           | I'm from south east asia. So, nah.
        
         | axiolite wrote:
         | > I'm not sure why US is so against getting more of the best
         | and the brightest
         | 
         | Because it's being used to drive wages down and American
         | workers are getting fired from their jobs.
         | 
         | > H1B/greencard often acquires the very best mind of foreign
         | countries.
         | 
         | Fine, change the H1-B rules so emigrants get full resident
         | status immediately, and can work for any company without any
         | setbacks to their status. Right now H1-B visas are modern
         | indentured servitude, and makes non-residents far more
         | appealing to companies.
         | 
         | It's also responsible for the lack of job training by
         | companies. Why have an employee learn new skills on your dime
         | when you can find a foreigner who got experience at some other
         | company, or perhaps just with the good sense to exaggerate
         | their resumes...
        
           | mpweiher wrote:
           | > Because it's being used to drive wages down
           | 
           | Silicon Valley salaries are being driven down to half a
           | million dollars a year by H1Bs.
           | 
           | Riiiight.
        
           | paulgb wrote:
           | > Because it's being used to drive wages down and American
           | workers are getting fired from their jobs.
           | 
           | America controls something like 80% of the world software
           | market (depending how you measure it) with ~5% of the
           | population. I'm very skeptical that this would remain true if
           | domestic companies were restricted from hiring the top talent
           | in the world.
           | 
           | There are arguments for and against immigration (full
           | disclosure, I'm an immigrant), but the "steal our jobs"
           | rhetoric is based on the false counterfactual that you could
           | get rid of immigrants but keep their jobs.
        
             | axiolite wrote:
             | > the "steal our jobs" rhetoric is based on the false
             | counterfactual
             | 
             | I didn't say "steal", but it's absolutely happening all the
             | time:
             | 
             | "Information technology workers at Southern California
             | Edison (SCE) are being laid off and replaced by workers
             | from India. Some employees are training their H-1B visa
             | holding replacements, and many have already lost their
             | jobs."
             | 
             | https://www.computerworld.com/article/2879083/southern-
             | calif...
        
               | belltaco wrote:
               | Cost cutting is good when it happens in other industries
               | and helps software engineers by driving down costs, like
               | tech hardware. But once it comes to their own, suddenly
               | 100 to 400K salaries are not enough.
               | 
               | >The unemployment rate for tech occupations dropped to
               | 1.5% in July, according to the "Employment Situation"
               | report released today by the U.S. Bureau of Labor
               | Statistics (BLS) reveals. (#JobsReport). That's the
               | lowest level since August 2019 and is close to the
               | historic low of 1.3%. Aug 6, 2021
        
               | paulgb wrote:
               | Sure, but my point is that cases like this are possible
               | for the same reason that the US is able to own 80% of the
               | software market. You can't expect to have one without the
               | other.
        
             | VictorPath wrote:
             | > hiring the top talent in the world
             | 
             | This is the wording of H1b visas as well - hiring for
             | talent with special skills that can't be found by workers
             | in the US.
             | 
             | Studies by Norm Matloff detail, and anyone with experience
             | with Cognizant coders know that these are not visas which
             | are only going to "top talent". It is going to imported
             | coolies in order to undermine wages, and have a captive
             | workforce tied to the company, effectively unable to leave.
        
           | reissbaker wrote:
           | I think H1Bs and green cards are two separate issues.
           | 
           | It's incredibly dumb how many smart people the US turns away
           | -- especially those who have gone to US schools (which are
           | partially federally funded).
           | 
           | H1B visas are toxic, because it's easy for companies to abuse
           | H1B workers since their visa is tied to their employment with
           | that company. But green cards -- we should be handing those
           | out to educated foreign nationals like candy.
        
           | UncleMeat wrote:
           | > Because it's being used to drive wages down and American
           | workers are getting fired from their jobs.
           | 
           | Knowledge workers create jobs. Software begets more software.
           | 
           | > Fine, change the H1-B rules so emigrants get full resident
           | status immediately, and can work for any company without any
           | setbacks to their status. Right now H1-B visas are modern
           | indentured servitude, and makes non-residents far more
           | appealing to companies.
           | 
           | A lot of people desperately want this, but it is tricky to
           | make improvements since any federal discussion of immigration
           | immediately widens to include all forms of immigration.
        
             | civilized wrote:
             | Canada and Australia have point-based systems that roll out
             | the welcome mat for skilled workers. Unlike the H-1B, these
             | systems are not set up as indentured servitude for wealthy
             | tech companies.
             | 
             | Too bad the US can't have the same... because of corporate
             | lobbyists as well as anti-meritocracy factions on both
             | right and left, who serve as patsies to the rich by
             | protesting any change to the current system.
        
           | paxys wrote:
           | > Because it's being used to drive wages down and American
           | workers are getting fired from their jobs.
           | 
           | That is a myth. Every single study done in this area shows
           | very clearly that skilled immigration helps the economy and
           | creates jobs/increases wages. It's weird that tech employees
           | who make six figure salaries the day they graduate are the
           | ones blaming H-1B visas. Chances are you wouldn't have a job
           | (or at least a much more shitty job) if these immigrants
           | weren't here building the entire US tech industry for the
           | last 40 years.
        
             | axiolite wrote:
             | You should really read past the first sentence before
             | replying. I have no problem with immigration, only the H1-B
             | system.
        
           | ergocoder wrote:
           | > Because it's being used to drive wages down and American
           | workers are getting fired from their jobs.
           | 
           | Following the same logic, my manager up to Sundar Pichai is
           | driving down my wage and stripping me of opportunity.
           | 
           | If they didn't exist, I would have been a Google CEO and
           | earned $200M a year?
           | 
           | That's absurd
        
             | axiolite wrote:
             | > That's absurd
             | 
             | Uhh, yes... What you said is certainly absurd. It has no
             | relation to my comment, however.
             | 
             | H1-B visas are being used very directly to drive down
             | wages. US workers are fired from their jobs, replaced by
             | H1-B visa "contractors" and left to go find other jobs, or
             | sometimes offered the option to apply for their old jobs,
             | at reduced wages.
             | 
             | One of the stated requirements for H1-B visas is that they
             | will not replace a US worker, but that is being quite
             | flagrantly violated. The program is constantly abused and
             | needs to be completely ended and replaced.
        
               | belltaco wrote:
               | Yea the 20% unemployment rate in tech and 30K/yr tech
               | salaries prove your point. /s
        
               | effingwewt wrote:
               | Both your statement and parent's are both true.
               | 
               | H-1s are being used to drive down tech wages, and are
               | also used as a way to create indentured servitude in that
               | the worker leaves or is fired they lose their visa.
               | 
               | At the same time tech is and has been vastly overpaid,
               | WFH is bringing wages down too.
               | 
               | The overpaid tech argument was always 'well you need
               | engineers and you' _need_ to be in SV so you need to pay
               | whatever FAANGs are. But that bubble is bursting before
               | our eyes, and just like last pop, they simply can 't
               | believe it until the end.
        
               | ericd wrote:
               | Oh? Is there a salary bubble pop in progress that I've
               | been missing? Or at I misunderstanding your statement?
        
             | joe_the_user wrote:
             | H1b pulls in lots of people. The majority get "chewed up
             | and spat out" and go back to their home country. A minority
             | indeed can make it, going to consultant/entrepreneur etc.
             | 
             | There's no reason for a high tech American worker to view
             | this situation as remotely in their particular interests.
             | No only does it lower but it allows companies to maintain
             | their grueling coding schedule, a system that burns out a
             | whole lot of people.
        
               | addicted wrote:
               | The math simply does not add up.
               | 
               | There are approximately 4million software developer jobs
               | in the US.
               | 
               | There are only 65k H-1B visas given out every year. And
               | not all of them even go to software engineers (doctors,
               | finance professionals, etc. all enter through the H-1B
               | route).
               | 
               | And the H-1B visa lasts a maximum of 6 years.
               | 
               | Let's be generous and assume all 65k visas are going to
               | software professionals. That means at any point of time,
               | you only have 390k H-1B visa holders (this is not
               | correct, but I will get to that a little later). So your
               | claim is that 390k visa holders are driving down the
               | wages for the 4 million software professionals?
               | 
               | More damning is the fact that we are talking about an
               | industry where people can and did work remote and
               | offshore, and there are over 20million software
               | professionals in the world. A software engineer working
               | in Kiev is far more likely to have an impact on US
               | software engineer wages than the 10% who may be on an
               | H-1B in the US. Furthermore, the US software engineer's
               | wage is kept higher by the fact that the same engineer is
               | working for Microsoft for 125k minimum in Seattle, than
               | they are working for Microsoft for closer to 50-60k in
               | Microsoft's massive Hyderabad campus.
               | 
               | I did mention the exceptions.
               | 
               | 1) Visa abuse. The late 2000s and early 2010s saw a lot
               | of visa abuse. However, by the mid 2010s both the Obama
               | and Trump administrations cracked down on this, and it's
               | fairly trivial at this point.
               | 
               | 2) EB1 visa holders. Due to the fact that the US
               | immigration system was last updated in 1990, you have a
               | situation where Chinese and Indians are singled out when
               | they have an approved green card petition and forced to
               | wait years and decades. As a hack, on the backs of the
               | approved green card, which the US is unable to actually
               | give them, they are given a much worse offering of an
               | H-1B which has inflated H-1B numbers. But these are not a
               | reflection of the H-1B visa, and more a reflection of the
               | failure of Congress to fix the green card process. This
               | does inflate H-1B numbers quite a bit, but the article is
               | talking about how the administration is missing an
               | opportunity to greatly resolve precisely this issue.
               | 
               | The 100k green cards that the administration is wasting
               | instead of giving to already approved green card
               | applicants, would almost certainly reduce the number of
               | H-1B holders by an almost 1:1 relationship almost
               | immediately.
        
               | joe_the_user wrote:
               | Your statement above is either confused or intentionally
               | deceptive [this post edited as I tried to parse your
               | claim]:
               | 
               | "US has just over 580,000 H-1B visa holders, says USCIS"
               | [1]
               | 
               | The figure you quote, 65K, is, (as you do say) the number
               | of H-1bs issued _per year_. But that 's not comparable to
               | 4+ million statically existing software jobs and
               | contrasting the two figures gives the wrong impression -
               | the impression that H-1bs don't impact software job
               | market where clearly they do.
               | 
               | -- Could 500K influence a job market of 4 million?
               | Obviously, notably when they are concentrated in certain
               | area but just generally, you don't need another 4 million
               | to change a supply and demand equation.
               | 
               | Given this, I'd say the rest of your argument falls
               | apart.
               | 
               | I'd note that I'm not "anti-H1b", I'm anti the entire
               | sweat shop system I describe above. I'd agree with other
               | posters who suggest H1b holders should be able to choose
               | the employer as soon as they enter the country.
               | 
               | [1] https://economictimes.indiatimes.com/nri/visa-and-
               | immigratio...
        
           | ashtonkem wrote:
           | * immigrants.
           | 
           | You emigrate from a country and immigrate to another. When
           | speaking of people becoming new residents somewhere they are
           | immigrants who have immigrated.
        
           | farmerstan wrote:
           | My friend who is on H1B is being paid almost $1M/yr TC at
           | FAANG. H1B is not driving the price of wages down.
        
             | effingwewt wrote:
             | That's simply one case where it worked out, out of the how
             | many that are issued?
             | 
             | I'd argue only ever hearing about one who made it, as
             | opposed to personally knowing several for whom it did not,
             | further drives the point that it's a broken system.
             | 
             | Put simply - anything a business wants is to increase
             | profit and power, never not once have they made a decision
             | to help their employees.
        
               | ergocoder wrote:
               | I don't think that is odd. In business we aim for all
               | sides to win.
               | 
               | Business get more profit and power. Employee also get
               | more money and quality of life.
        
           | novok wrote:
           | I think L-1 visas are more employer bound. Changing jobs on
           | an H1-B is possible, it's just more paperwork and annoyance.
           | In tech although, most employers are willing to go through
           | that paperwork, so for certain industries that isn't really a
           | barrier in practice as you sit and wait for some lawyers to
           | do some paperwork for you. Getting rid of leetcode would
           | probably do more for people's job liquidity.
        
             | axiolite wrote:
             | > Changing jobs on an H1-B is possible
             | 
             | It's possible _now_ (it previously was not), but it resets
             | the H1-B worker 's immigration process back to the start as
             | well, leaving them in limbo for years longer. And they are
             | taking a risk that the new job might not work out and if
             | they don't find another quickly, they'll be expelled from
             | the country.
        
               | [deleted]
        
               | novok wrote:
               | No it doesn't, once you have a priority number it adds
               | you 'to the line' and might set you back about a year-ish
               | if you change jobs once its your turn to get a green
               | card. It's the priority number waiting period that makes
               | it suck a lot, not the 1.5yrs it take to get a green card
               | from H1B if you don't have any priority number queue
               | waiting.
               | 
               | You just need to get that priority number ASAP from the
               | first job, which might take a year or less, and then wait
               | X number of years for it to be 'your turn' and then stay
               | at last the job where you'd actually get your green card
               | for a year or two, which is already pretty typical job
               | behavior already. Most people stay at a job for a year
               | minimum, and once you get promoted up the ranks, they
               | stay at places multiple years.
               | 
               | In those X in-between waiting years you can change jobs
               | without it materially effecting your immigration timeline
               | in any serious way. Even then, if you get a good
               | opportunity you can change jobs in exchange for waiting a
               | year or two longer for your green card, which is a choice
               | you can make.
               | 
               | It's far from 'indentured servitude', just some annoying
               | paperwork barriers that makes it more expensive for firms
               | to hire you, because it costs money and time to hire an
               | H1B than a person with a green card or citizenship
               | already. And yes, you cannot go work with risky
               | employers, which limits you to big tech and startups at
               | the series B+ stage of funding. There are even cases of
               | successful people who have founded startups with H1-Bs or
               | some other immigration visa with a lot of hassle. Which
               | in the scheme of things as history has shown, has ended
               | up not to be that bad :D
        
         | syshum wrote:
         | H1B visa is an abusive system that lowers the wages for high
         | skilled positions, while allowing employers to hold an
         | employee's immigration status over their head as an extortion
         | tactic to abuse said employee.
         | 
         | Many people myself included fully support increased immigration
         | but oppose the H1B visa program unless serious reforms are made
         | to it.
        
           | Rapzid wrote:
           | > lowers the wages for high skilled positions
           | 
           | This could be viewed in a lot of ways. In theory a severe
           | labor shortage in an industry could cause a massive increase
           | in wages. However that may not be sustainable long term and
           | could lead to industry collapse if it can't compete with
           | other countries who are not experiencing such severe
           | shortage, or if the market demand drops significantly due to
           | increased prices.
        
         | newhotelowner wrote:
         | > I'm not sure why US is so against getting more of the best
         | and the brightest, meanwhile we are pushing to get more
         | refugees instead.
         | 
         | You have to balance & diversify. Who is going to open
         | restaurants? Who is going to build houses? There is more than
         | science & engineering.
        
           | habeebtc wrote:
           | Exactly. Immigration grows the economy. Period.
           | 
           | The economy is made up of people. People make up the labor
           | supply curve,and people make up the product and services
           | demand curve.
        
             | Rapzid wrote:
             | Yeah, there seems to be tons of data showing this. Even
             | that illegal immigration is a net positive to the economy.
             | 
             | https://en.wikipedia.org/wiki/Economic_impact_of_illegal_im
             | m...
        
         | akomtu wrote:
         | Humanity reasons? The US is getting old and it brings two
         | problems: old people need tons of cheap service workers who
         | would work for food; and old people tend to be very
         | conservative and vote red. Importing hoards of refugees solves
         | both problems. This is also why we see this counterintuitive
         | drive to fast track those refugees to green card status and to
         | give them voting rights.
        
           | ergocoder wrote:
           | > old people need tons of cheap service workers who would
           | work for food
           | 
           | I don't think this is the reason why we accept refugee... to
           | be low-skilled low-paying workers.
           | 
           | We accept them because they cannot live in their home
           | countries due to political reasons (and etc.), so we extend
           | help for humanity reason.
        
             | akomtu wrote:
             | Then we should extend help to the entire Mexico. If Mexico
             | is good enough place to live, then migrants should stay
             | there. If it's not good enough, because "political
             | reasons", then we should extend our "humanity reasons" to
             | the entire Mexico.
        
               | ergocoder wrote:
               | Not that I'm in support of this.
               | 
               | But I believe that is what a lot of people on Dems' side
               | support: open borders and accept anyone from mexico.
        
         | temp8964 wrote:
         | The reason it won't work is exactly because you want "both".
         | 
         | Everybody with a reasonable mind knows many southern border
         | crossers are not refugees but illegal economic immigrants. And
         | we don't have a national policy to import unlimited low skill
         | workers.
         | 
         | Right now the situation is as simple as this: legal immigrants
         | are held hostage for illegal immigrants.
        
           | ardit33 wrote:
           | I am an H1B to GC, and the above comment is correct! I am not
           | sure why it is being downvoted. H. Clinton (when she was at
           | state departmet) and Obama had a chance to make a sweeping
           | change to the H1B program, and make it easier for smart
           | people to immigrate and get their GC. Many Republicans were
           | on board on this.
           | 
           | The democratic party denied this, they wanted a more
           | 'comprehensive' reform, and tied H1B with the 'low skilled'
           | and illegal immigrant reform as well. The republicans were
           | not on board with that, even though they were willing to
           | reform the H1B.
           | 
           | They basically held the H1B suferes/intenured servants,
           | hostage to advance their agenda. (they thought they will be
           | winning the 2016 election). That didn't happen, and Trump got
           | elected, and the rest is story.
           | 
           | The tech lobby should be really nervous about what Hillary
           | Clinton just said
           | https://www.vox.com/2016/7/11/12106796/clinton-
           | immigration-v...
        
           | epistasis wrote:
           | > Everybody with a reasonable mind knows many southern border
           | crossers are not refugees but illegal economic immigrants.
           | 
           | This is an extremely political opinion, not a "reasonable"
           | one.
        
             | chitowneats wrote:
             | Asylum law is very clear about who qualifies and who does
             | not. It narrowly allows people suffering from persecution
             | in their home country, on account of their race, religion,
             | nationality, membership in a certain social group, or
             | political opinion.[1]
             | 
             | It does not apply to anyone and everyone seeking work, or
             | those who want to live in a more wealthy nation.
             | 
             | [1] https://www.uscis.gov/humanitarian/refugees-and-
             | asylum/asylu...
        
             | temp8964 wrote:
             | There is nothing political about it. Either they are or
             | they are not. Either I am wrong or I am correct. Asylum
             | seeker != refugee.
        
             | crisdux wrote:
             | It is reasonable. Refugee means people fleeing conflict and
             | persecution - not economic hardship. Our elite circles have
             | very recently redefined refugee in quite a revolutionary
             | way.
        
               | collaborative wrote:
               | Aren't people fleeing drug gang death threats fleeing
               | persecution?
        
               | rayiner wrote:
               | No they're not. They're fleeing shitty conditions created
               | by the society they come from.
        
               | ng12 wrote:
               | No. According to US law you must be persecuted based on
               | your belonging to a protected category to qualify for
               | asylum.
        
         | Factorium wrote:
         | The major issue with the USA right now is insufficient housing.
         | Adding more people will only make this worse.
        
         | 29athrowaway wrote:
         | The requirement for H-1Bs are: 1) bachelor's degree or
         | equivalent from any institution on the planet, 2) an employment
         | offer.
         | 
         | While there are many brilliant people working on H-1B visas,
         | H-1Bs are people with bachelor's degrees, not necessarily "the
         | best minds".
         | 
         | The advantages provided by the H-1B system are:
         | 
         | - As a country, get the benefits of educated people without the
         | economic cost of having to raise and educate them.
         | 
         | - As a company, more leverage over employees, and in many
         | cases, you get employees with lower compensation expectations.
         | 
         | - The visa last 3 years and it can be renewed once, giving you
         | 6 years before a green card is required. In this way, you get
         | the most productive years of an educated adult.
         | 
         | The disadvantages are:
         | 
         | - Wage depression.
         | 
         | - More competition for local workers.
         | 
         | - The process of degree certification is done by attorneys not
         | educational institutions. Most 4-year programs are eligible for
         | H-1B, but not all foreign 4-year programs are equivalent to an
         | American Bachelor's degree.
        
           | Rapzid wrote:
           | That's not the full list of requirements for the H-1B; not
           | for the applicant nor for the employer.
        
             | 29athrowaway wrote:
             | Sure. The employer has to advertise the position openly and
             | give time for domestic employees to apply. Offers,
             | including salaries, have to be published. There's a lot of
             | paperwork included, LCAs, etc... The quota system.
             | 
             | I oversimplified it too much, but effectively for an
             | employee the most important requirement is a bachelor's
             | degree or equivalent.
        
           | ergocoder wrote:
           | The disadvantages are meh.
           | 
           | This is like saying "if tim cook and anybody who is smarter
           | than me doesn't exist, I will be apple ceo and earn 200m a
           | year.".
           | 
           | If these smart people didn't work for apple, apple wouldn't
           | exist in the first place.
           | 
           | I can assure you h1b wage depression is minimal.
           | 
           | We of course should get rid of h1b abuse. There is always an
           | improvement.
           | 
           | But we should not get fewer h1b people...
        
             | mxd3 wrote:
             | I suggest you look into the companies that are actually
             | hiring and getting the bulk of the H1B visas. Because it
             | may surprise you, it's not top tier tech engineers at
             | Facebook, Apple, etc. It's companies like InfoSys and
             | Cognizant. [1]
             | 
             | The business model of these companies is to provide workers
             | at a cost below what it costs in the US. This business
             | model is a big reason why they are so successful. At scale
             | these companies drive cost, and wages down. US workers then
             | need to accept lower paying jobs. The worst thing about it
             | is the wage depression here is most felt by the low-tier
             | tech workers, not the well paid SV engineers.
             | 
             | And they don't always follow the rules either. Infosys and
             | Cognizant have been caught up in legal trouble for visa
             | fraud. [2]
             | 
             | [1] https://www.uscis.gov/tools/reports-and-
             | studies/h-1b-employe... [2]
             | https://www.documentcloud.org/documents/1347409-usa-v-
             | infosy...
        
           | gremloni wrote:
           | You have to go through and pass an employment interview for a
           | job 3x the average American wage at the minimum. That's a
           | hefty requirement already and probably better than any
           | standardized test for gauging ability.
        
         | stevenwoo wrote:
         | IIRC the H1 permitted under the proviso of "Aliens of
         | Distinguished Merit and Ability" was changed to H1B in the 1990
         | Immigration and Nationality Act to jobs falling under the name
         | "Specialty Occupations" and "Fashion Models", so it was changed
         | _from_ getting the best and the brightest to something else. It
         | _could_ be used for getting the best and brightest, but that is
         | not the only purpose.
        
       | sys_64738 wrote:
       | With remote work are we really in need of GCs anymore?
        
         | pope_meat wrote:
         | Who do you owe taxes too out of your paycheck?
        
           | sys_64738 wrote:
           | Wherever you are domiciled.
        
             | User23 wrote:
             | Incorrect if you are a US citizen. By default, on global
             | income, a US citizen owes both US taxes and whatever taxes
             | the country of residence charges. Thankfully many countries
             | have tax treaties with the USA that avoid at least some of
             | this double taxation.
        
         | theflyinghorse wrote:
         | I would imagine American companies can easily outpay anyone on
         | the global market of remote workers. No GC really just sounds
         | like a problem for the non-american companies who are now
         | competing for their local talent with tech giants.
        
       | paxys wrote:
       | The entire situation is a shitshow. I know multiple families who
       | immigrated to the US on H-1B for tech jobs 20 years ago but are
       | still waiting for residency. Green cards are legally available
       | but USCIS just won't process their applications, citing lack of
       | resources. Now as their kids - who were as young as one year old
       | when they came here - turn 21 they are being deported to their
       | "home country", that they have zero connection with.
       | 
       | There is no DACA/DREAM equivalent for these people even though
       | they did everything 100% legally and have greatly contributed to
       | the US economy. There are estimated to be >960,000 people
       | currently stuck in this limbo, mostly Asian and mostly in tech
       | (https://www.fwd.us/news/per-country-cap-reform-priority-
       | bill...).
        
         | Consultant32452 wrote:
         | We are in a 4th and 5th generation hot war with China. They are
         | killing tens of thousands of our citizens by not stopping the
         | illegal fentanyl trade even after we pointed them to the guy
         | running it.
         | 
         | The government has had a few high profile arrests of academics
         | not claiming their Chinese income which they are required to do
         | for national security reasons.
         | 
         | There will be more squeezes on Asian people in the coming years
         | and no one will really say why directly.
         | 
         | This is not an endorsement of any particular policy, but an
         | explanation.
        
           | pbaka wrote:
           | Yeah, if only somebody arrested the Purdue pharma owners...
           | 
           | Oh wait, not those culprits, scratch that, those people with
           | a DOJ deal... You mean the other ones from the other side of
           | the Pacific... gotcha...
        
         | andi999 wrote:
         | Here you could sue them to process the application; is this not
         | viable in the US?
        
           | sharmajai wrote:
           | That's being tried [1]. Although, it's not going well [2].
           | 
           | [1] https://www.visalaw.com/onboarding-mass-litigation-
           | clients/
           | 
           | [2]
           | https://twitter.com/LilySAxelrod/status/1437846756394520582
        
           | ashtonkem wrote:
           | Generally no. The US has relatively tight rules on when and
           | why you can sue them.
        
         | throwdecro wrote:
         | Yeah, it's really unconscientious to have a system where the
         | stakes are so high behave so unpredictably. People make
         | important decisions based on how things are supposed to work.
         | Whatever the "correct" parameters for immigration are, the
         | system really should behave predictably.
        
           | [deleted]
        
         | rayiner wrote:
         | This is a terrible situation. As the kid of an H1-B I can't
         | imagine being in that predicament.
         | 
         | At the same time, this is what happens when the basis of your
         | immigration system is "legislation by hostage taking." Ever
         | wonder why the H1B says "temporary" status on paper, and you
         | have to pretend like you plan to go back home at some point?
         | ("Dual intent?") That's because it's because it was never
         | designed to be a permanent immigration system. No permanent
         | immigration system designed for that purpose would let you
         | build your life in the country first and then decide only a
         | decade later whether you'll be allowed to stay. It's absurd.
         | 
         | Since the 1960s the executive branch has been doing with
         | fragile regulation or executive action things that it can't
         | achieve consensus to do through Congress. The 1990s reforms
         | that created the H1B did nothing more than paper over the most
         | egregious shortcomings of using a temporary worker visa as the
         | main vehicle for permanent immigration. DACA is a prime example
         | of what happens when your political system is so broken that
         | you have to use executive action because you can't get
         | concensus in Congress. And it shows how fragile that can be.
         | 
         | Folks considering immigrating to America should understand: H1B
         | is not meant for permanent immigration. Proceed at your own
         | risk. Maybe try the more sensible immigration regimes in
         | Australia or Canada.
        
           | laurencerowe wrote:
           | > Ever wonder why the H1B says "temporary" status on paper,
           | and you have to pretend like you plan to go back home at some
           | point? ("Dual intent?")
           | 
           | As I understand it the "dual intent" means you don't have to
           | pretend you plan to go back home at some point. After I
           | switched to an O-1 from an H-1B for a new job I was advised
           | not to leave the country while my green card application was
           | in progress because applying for a green card could
           | potentially be grounds for denying entry at the border on a
           | visa like the O-1 without the dual intent.
        
           | nrmitchi wrote:
           | > and you have to pretend like you plan to go back home at
           | some point? ("Dual intent?")
           | 
           | This is backwards. Dual intent means that you _do not_ have
           | to  "pretend"; having an immigrant-intent, expressed by
           | things like applying for permanent residency (marrying a US
           | citizen), does not invalidate an H1-B in the same way that it
           | invalidates an O-1, TN, etc.
        
           | [deleted]
        
           | peterlk wrote:
           | Anecdotally, many emigrants (a dozen or so) that I know are
           | now choosing to go to Canada. The US has lost a significant
           | amount of its shine over the last few years for them, and
           | their skilled labor is going elsewhere.
        
         | VictorPath wrote:
         | > immigrated to the US on H-1B for tech jobs 20 years ago
         | 
         | They didn't immigrate, they came on a 3-6 year work visa and
         | chose to get 3 year extensions. I wouldn't choose to settle in
         | a country if all I had was a 3 year work visa. They're not "in
         | limbo", they're people working on 3 year work visas. If they're
         | unhappy they're free to move back to Bangalore or wherever they
         | came from.
         | 
         | I have no problem with making life easier on them like allowing
         | someone on a 3 year H1B visa switch companies without penalty,
         | but you're trying to stretch a law allowing 3 years of work for
         | workers we supposedly can not find in the US into a promise of
         | a green card, and it is not. If what you're saying is the case,
         | the H1B laws would have never passed. An inch was promised and
         | you act as if it was a promise for a mile.
        
           | m_ke wrote:
           | How else do you expect people to immigrate here if not on a
           | visa?
        
             | VictorPath wrote:
             | People don't immigrate on a visa. You immigrate when you
             | have a green card or citizenship. Someone on a 6 month
             | tourist visa or 3 year H1B employment visa hasn't
             | immigrated, they are on a visa allowing them in the US for
             | that time period.
        
               | m_ke wrote:
               | Here's the US immigration page:
               | https://travel.state.gov/content/travel/en/us-
               | visas/immigrat...
        
               | paxys wrote:
               | You didn't answer the question though. What is the
               | "ideal" way to immigrate to the US according to you?
        
               | [deleted]
        
             | rayiner wrote:
             | Aside from some unusual visa rules, the only permanent
             | immigration route Congress has created is family
             | reunification. Congress has never created a skilled worker
             | system for people intended to immigrate permanently. H1B is
             | a temporary worker visa that has been abused to serve that
             | role, but that wasn't the intent:
             | https://www.salisbury.edu/administration/academic-
             | affairs/fa...
             | 
             | > The H1B is a temporary visa. The alien must be coming to
             | temporarily fill a position that may, or may not in itself
             | be temporary. The employer must attest that the alien's
             | services are needed temporarily. The letter of appointment
             | and other documents must stipulate the temporary nature of
             | the appointment.
        
               | gumby wrote:
               | Not technically true else that would be the only GC
               | criterion.
               | 
               | I'm just being a nit picker though: I concur: that was
               | the overwhelming stated _intent_.
        
           | belltaco wrote:
           | If that was the intent of the law then why does the law allow
           | people past the 6 year cap to keep renewing H1B forever if
           | they're waiting for a green card?
        
           | Jare wrote:
           | That is one of the most uncharitable comments I've ever read
           | on HN
        
             | VictorPath wrote:
             | It's great that the Fortune 500 companies who lobbied for
             | these visas are doing so out of such charitable motives -
             | tying tech coolies to companies on 3 year visas. The whole
             | thing is charitable motives, not stockholder profit. I
             | guess the secret wage collusion by Jobs, Schmidt and
             | Silicon Valley companies was for charitable motives too.
             | 
             | Every day on HN is a new front page story on Chinese yellow
             | peril full of comments about how the west should go back to
             | the old colonial motif of sending the navies into China.
             | But you just saw the most uncharitable comment ever,
             | congratulations.
        
             | rayiner wrote:
             | I don't read it as realistic. H1B is clearly spelled out in
             | the law books as a "temporary worker visa," but people have
             | treated it as a path to permanent residency. What was
             | offered on paper was an inch, and the expectations were
             | built into a mile. (And to be fair, that is the fault of
             | everyone involved, from the government to employers, but
             | also immigrants who didn't read the fine print.)
        
               | 8note wrote:
               | Ithe H1b is a dual intent visa mind you, vs something
               | like the TN, which doesn't allow you to apply for a green
               | card
        
           | addicted wrote:
           | The problem with your statement is that the people being
           | discussed here are ones who have applied for a green card,
           | and already been approved. Their application has been vetted,
           | they've proven that they serve a need in the economy, and
           | background checks have been completed. However, the number of
           | annual green cards have been capped, so even though it's
           | approved, it cannot be given to them yet.
           | 
           | The fact that they are working on an H-1B visa is an
           | embarrassing hack to make up for the fact that the US has
           | made a promise to these families that they haven't been able
           | to keep for decades.
        
             | VictorPath wrote:
             | > However, the number of annual green cards have been
             | capped, so even though it's approved, it cannot be given to
             | them yet.
             | 
             | The wordplay and sophistry around this amazes me. They
             | either have gotten a green card or they have not. A
             | background check shows they are not a member of al-Qaeda,
             | great. That is not a green card. No one has promised them
             | they are going to get a green card.
             | 
             | These are people here on a 3 year work visa promising the
             | work is temporary and they have special skills no American
             | worker can fill. They're here under false pretenses and are
             | now claiming they have been promised green cards, when that
             | never happened. If they'd been promised a green card they
             | would have a green card.
             | 
             | Also, as green cards are limited per country, and there are
             | such a high number of green card applications from India, a
             | green card application by an Indian is more of a lottery
             | ticket than from most countries.
        
               | mpweiher wrote:
               | This is patently untrue.
               | 
               | The H1B visa is _explictly_ and _intentionally_ a  "dual
               | intent" visa.
               | 
               | https://www.h1bvisalawyerblog.com/dual_intent_what_does_i
               | t_m...
        
               | diebeforei485 wrote:
               | Actually, the "background check shows they are not a
               | terrorist" is the step that hasn't been done yet. That
               | happens during the final step prior to receiving the
               | green card.
        
           | whoisburbansky wrote:
           | The promised inch is effectively a mile for anyone born
           | anywhere but "Bangalore" as you say, so why the griping?
        
         | dudul wrote:
         | Isn't an H1B only renewable once for a total of 6 years? Maybe
         | it has changed but I think it was like that when I had one ~12
         | years ago.
        
           | paxys wrote:
           | It can keep getting renewed indefinitely if a green card
           | application has been filed and is in the backlog.
        
             | dudul wrote:
             | Got it - thanks for the clarification.
        
       | pjscott wrote:
       | People argue a lot about governments making decisions they
       | disagree with, but something that I think is under-appreciated is
       | the damage from _unpredictable_ decisions. If you know how the
       | government is going to act on some issue, for better or for
       | worse, then you can make plans around that. What do you do if
       | their future actions are an ever-shifting mystery? A few examples
       | come to mind:
       | 
       | 1. The Keystone XL oil pipeline was proposed in 2008.
       | Construction was blocked by the Obama administration, unblocked
       | by the Trump administration, and then re-blocked by the Biden
       | administration, at which point the company trying to construct it
       | gave up. In total, this process took 13 years and huge amounts of
       | money, and nothing came of it. If there had been clarity and
       | consistency in the government's policy here, the thing would
       | either have been approved or rejected much sooner -- and either
       | would have been a big improvement on what _actually_ happened.
       | 
       | 2. Covid-related rules have had much more harmful side-effects
       | than they would have had if they were easier to predict. Rules
       | surrounding masks, distancing, indoor and outdoor dining, and so
       | on, all seemed to change a lot more frequently and arbitrarily
       | than necessary in most places. To change the rules when the
       | evidence and situation changes is one thing; changing them in
       | seemingly random ways for dubious reasons is another. Even if the
       | reasoning behind the decisions were consistent and well-thought-
       | out, which is doubtful, there are advantages to having a
       | predictable but sub-optimal policy rather than jerking everyone
       | around in pursuit of perfection.
       | 
       | 3. There are some federal student loan debt forgiveness proposals
       | currently being considered in the US. I don't know how much, if
       | any, will pass. If I were still in college, this would make me
       | wonder: should I use money from a job to help pay my tuition, or
       | just keep it? If I just take out more loans instead, and those
       | loans get forgiven through a stroke of political luck a few years
       | later, that's free money in my pocket -- but if that doesn't pan
       | out, I'd end up paying a lot more interest. Whichever way
       | Congress decides, I'd be better off knowing in advance -- but
       | probably won't have that option, since the proposals seem to be
       | (mostly?) retroactive in their design.
       | 
       | 4. Finally, today's topic. If you apply for a green card, what
       | are the odds that the paperwork just doesn't get processed? This
       | is the kind of thing that would be really nice to know in
       | advance, one way or the other.
       | 
       | Without expressing an opinion on what the decisions _should_ be
       | in any of these cases, I 'll say: there's no decision so bad that
       | unpredictability can't make it worse.
        
       | lgats wrote:
       | over 250k in process... https://visa.ooo/form/I-918
        
       | Cameri wrote:
       | Apply to Canada!
        
       | ergocoder wrote:
       | Another unrelated note:
       | 
       | I'd say it's infeasible to improve US education that can produce
       | population as good as importing the best and brightest mind from
       | foreign countries.
       | 
       | Please note that I'm not against improving US education, but to
       | think that we can improve it to the point that it can compete
       | with importing the best mind from other countries is delusional.
       | 
       | US has such a huge advantage on this part that an absurd green
       | card system seems like a noise.
        
         | adventured wrote:
         | The US education system already produces people as good as the
         | best minds from foreign countries. That has been the case for
         | well over a century. It doesn't produce all the best minds, of
         | course, no nation can do such a thing and that's why high-skill
         | immigration is valuable whenever you can get it. The argument
         | for the US taking in the best from around the world, is that
         | more is better when it comes to that.
         | 
         | The US is a massive, diverse place, filled with good and bad
         | outcomes. Just as Europe or the EU are, just as Asia is. There
         | is enormous poverty and tens of millions of poor education
         | outcomes across Europe. There are literally over a billion very
         | bad outcomes spread across Asia, Africa and Latin America in
         | terms of poverty and education. Asia still has a billion people
         | trapped in third world outcomes.
         | 
         | The top quarter in the US will match up very well against the
         | top quarter from most peer nations. There may be a few
         | exceptions among tiny elite nations, like Switzerland, just due
         | to the fact that 1/4 = 80+ million people in the US.
        
           | ergocoder wrote:
           | > The argument for the US taking in the best from around the
           | world, is that more is better when it comes to that.
           | 
           | Yes, that is better for US, no?
           | 
           | This is also why US tech industry is absolutely eclipsing
           | every other country's tech company combined.
           | 
           | They have the best mind from all over the world working for
           | them.
           | 
           | My main point is that you cannot improve education that your
           | average citizen is better than the best and brightest from
           | other countries. It is infeasible.
           | 
           | Now my main question for US is: why do we want to import
           | fewer brightest mind from other countries?
        
         | [deleted]
        
         | User23 wrote:
         | > I'd say it's infeasible to improve US education that can
         | produce population as good as importing the best and brightest
         | mind from foreign countries.
         | 
         | While it certainly benefits you personally, can you see how
         | offensive and frankly racist this is?
        
           | ergocoder wrote:
           | Why is it racist?
        
             | User23 wrote:
             | Because the majority of US citizens of school age are from
             | historically disadvantaged minorities and you're saying
             | they're just not good enough to compete with the East Asian
             | global majority even with better education. In fact, you
             | appear to be saying we shouldn't even bother to try and
             | that people from wherever it is exactly you're from are
             | innately superior. That's why it's racist and offensive.
        
               | [deleted]
        
               | ryan93 wrote:
               | There are almost 8 billion people in the world and 320
               | million in the US. Of course most talent is foreign. No
               | one who wants green cards for engineers is arguing for a
               | decrease in education funding
        
           | lowkey_ wrote:
           | This is a curiously US-centric view to take that
           | simultaneously also doesn't acknowledge the U.S.' advantages
           | and history.
           | 
           | The U.S. population is under 5% of the world population --
           | our competitive advantage has always been our ability to
           | poach the best and brightest from across the world by
           | rewarding them appropriately.
           | 
           | It's very reasonable to say that our population alone can't
           | compete with the best and brightest of every other country in
           | the world, and that it's more important to continue being a
           | place that attracts immigration.
        
         | paxys wrote:
         | It's really a numbers game. Just China and India combined have
         | 2.8 _billion_ people, 10x more than USA. A lot of them are
         | going to be geniuses.
         | 
         | Since the 90s the USA has "won" by attracting the top talent of
         | India, China and most of the rest of the world, resulting in a
         | booming tech sector directly at the expense of those countries.
         | Now in recent years immigration rules, politics and bureaucracy
         | are making this less and less feasible, and you are already
         | seeing the results. The next generation of teenagers worldwide
         | are using TikTok, not Facebook or Instagram. Freshworks just
         | had a $15B IPO and is shaking up the CRM market. There are
         | countless other examples.
        
       | sega_sai wrote:
       | As an immigrant (first in the UK after than in the US, followed
       | by return to the UK), I can say the annoying things about
       | different systems are unpredictability and long delays. I agree
       | that it is up to every country to set up the rules who gets to
       | stay and under what conditions, but they need to be clear and
       | predictable. I have found the UK system reasonable (although
       | expensive) with a standard path of 5 years of working visa,
       | followed by the indefinite leave to remain (green card) and then
       | citizenship application (after another year). My impression of
       | the US process was much worse with year long queues depending on
       | nationality, quotas that are taken in first few days etc, and
       | rules being changed on the hoof (in the last administration). I
       | think that creates a really bad climate for people. And I do
       | think the countries are responsible for making sure that migrants
       | are treated fairly with clear well understood rules that are not
       | changed unpredictably. For me this was one of the reason to go
       | back to the UK as I didn't want to jump again through all the
       | immigration hoops in the USA.
        
       | tsumnia wrote:
       | The issue is also bleeding into academia. International students
       | have been struggling to get updated passports during the
       | pandemic, which then blocks them from other things like driver's
       | licenses.
        
       | throwaway210222 wrote:
       | If the tech firms are that desperate they can try dropping the
       | must-be-US-timezone from their remote jobs descriptions.
       | 
       | Or someone has to sit them down and explain what 'nightmare
       | scenario' really means and when to use it.
        
         | novok wrote:
         | Rather open offices in canada and latin american and import
         | workers there than deal with that timezone difference tbh. It's
         | a super sucky work style and vast majority on both sides hates
         | it.
        
       | Grakel wrote:
       | Maybe if the American education system wasn't horrible and
       | getting worse, there would be a chance that the millions of
       | unhappy American workers could get in on these job openings. Too
       | many feelings and coddling, no rigor at all.
        
         | echelon wrote:
         | America has a small population relative to China, India, and
         | the whole EU.
         | 
         | America has giant tech and science industries and needs lots of
         | workers to remain competitive.
         | 
         | We're feeding these industries with lots of talent that is born
         | here, but raising children has become increasingly complicated
         | with the eroding middle class and desire to have fewer babies.
         | 
         | Parents don't have support. It's not a fun or rewarding job,
         | especially in a world where you can turn Netflix or TikTok on
         | for a quick dopamine hit and plan on being childless.
         | 
         | We can fill this need with immigration. We don't need less of
         | it, we need more. These positions will be filled anyway, and if
         | it happens abroad that will lower American competitiveness. Not
         | bad for the world. Just stating this from America's
         | perspective.
         | 
         | But you also pointed to a problem that we should address
         | domestically: making child rearing easier and desirable. We
         | could provide assistance (time off, early childhood caregiving)
         | and tax incentives.
         | 
         | I also think a pragmatic, though inequitable, approach to
         | developmental incentives would help. Tax breaks for parents or
         | "fun money" for children who are involved in extracurriculars:
         | STEM, music/arts, clubs, "leadership", etc.
         | 
         | Kids would love to earn a salary to buy toys and games. Pay
         | them a small stipend to follow an academic or artistic
         | interest. Or be involved in a club of some kind. It doesn't
         | have to be much of a monetary reward: $50/month or even less.
         | It won't matter for rich kids, but will make a world of
         | difference for the underprivileged.
        
           | syshum wrote:
           | >>We're feeding these industries with lots of talent that is
           | born here
           | 
           | Are we though? I am not seeing it. The education system, even
           | universities are still often behind the times, and getting a
           | CS degree or CIT degree is not going to help you much in a
           | modern company (or even a legacy company)
           | 
           | the skills gap for recent graduates is huge, though
           | personally I am somewhat glad for this because we need to get
           | away from the system of credentials, at least university
           | credentials.
        
           | Grakel wrote:
           | I agree with a lot of your points, but I think a good
           | education system would be able to train huge amounts of
           | Americans to do whatever work was needed. Along with the
           | parenting incentives you mention. We don't need more
           | immigrants, we don't need a much larger population. There's a
           | lot of room in this country, and that's a good thing. Some
           | people want to densify everything.
        
             | ryan93 wrote:
             | You cant train huge amounts of people to do serious
             | intellectual work you have to be born with that ability.
             | Most people born that way arent american since most people
             | arent american
        
               | Grakel wrote:
               | Yet in America there are vast numbers of smart people
               | getting left behind educationally.
        
           | neartheplain wrote:
           | >but raising children has become increasingly complicated
           | with the eroding middle class and desire to have fewer
           | babies.
           | 
           | False premise. Lots of Americans want to have kids, they just
           | can't afford it [0]. This reality hits immigrant families
           | too. Unless housing, childcare, healthcare, and higher
           | education are once again made affordable to the middle class,
           | mass immigation is and will remain an economic Ponzi scheme.
           | 
           | https://www.nytimes.com/2018/07/05/upshot/americans-are-
           | havi...
        
         | stadium wrote:
         | There are so many free or low cost resources to learn tech
         | skills. Time is the only investment needed.
         | 
         | I'd argue that some of the best software engineers slash
         | developers I have worked with came from non-cs backgrounds like
         | engineering or business. They learned on the job, after hours
         | on their own time, or in a bootcamp program.
         | 
         | And it's more pleasant to work with people that have a sense of
         | humility and some empathy so I'm all for the feelings
         | education.
         | 
         | Here are a couple examples of free resources. Google "{my city
         | or state} free coding bootcamp" and there are tons more.
         | 
         | https://adadevelopersacademy.org/
         | 
         | https://www.builtinchicago.org/2020/11/12/chicago-coding-tem...
        
           | mkr-hn wrote:
           | How do you identify which courses/bootcamps are worth the
           | time and a good fit if you don't already have skills that
           | obviate the need for the training? It's a catch-22. Sifting
           | through reviews is a skillset on its own, so that's no help.
           | The abundance of options only compounds the problem.
        
             | stadium wrote:
             | Just like anything else in life. Ask around, pick up the
             | phone, send an email requesting more info, ask for
             | references.
             | 
             | And if you are in a position to share time or money, find
             | and organization that provides these services and help them
             | with outreach or mentorship. It's something within reach
             | for a lot of folks already in tech.
             | 
             | In minority communities with first generation immigrants
             | they may not know that services like these exist. Try to
             | spread the word within those communities too through local
             | community groups.
        
         | coffeefirst wrote:
         | People say this a lot, but it isn't true. What Americans
         | schools are is _inconsistent._ There 's ~14,000 different
         | public school systems that vary wildly from place to place.
         | 
         | Claims about American schools, good or bad, are almost always
         | either about a specific place or kind of place.
        
         | VictorPath wrote:
         | There is too much coddling of children in kindergarten in
         | American schools. They should be learning the basis of non-
         | abelian groups and wave function collapse, not finger painting
         | and talking about their feelings. Other states should be like
         | Mississippi and bring back corporal punishment for naughty
         | students.
        
           | syshum wrote:
           | Can we just agree that both extreme are bad.
           | 
           | Hitting kids with rulers is bad
           | 
           | Having Safe Spaces where people talk only about micro
           | aggression, participation trophies, and how everything is a
           | systemic *ist of some kind is also bad...
           | 
           | We can have an education system free from both
        
             | Grakel wrote:
             | Completely agree. Let's just learn.
        
           | stadium wrote:
           | If I have to Google to understand what type of elementary
           | school education you are selling, you are clearly not
           | qualified to know what kindergartners should or shouldn't be
           | learning about.
        
       | seryoiupfurds wrote:
       | Come to Canada, we'd love to have you here.
       | 
       | https://www.canada.ca/en/services/immigration-citizenship.ht...
        
       | anyfactor wrote:
       | Tech firms have "adapted"(*) to capital gains taxes through using
       | tax havens and they will surely adopt to declining green cards.
       | 
       | As I am applying to US software consultancy firms as a remote dev
       | I see more or less 80% of them will explicitly mention that they
       | have an office in Eastern Europe or in India. I have heard
       | stories of managers on H1b asked to open and manage offices back
       | in their home countries.
       | 
       | Industrial production has successfully left United States for bad
       | policies and better opportunities. So will the tech scene.
        
         | ashtonkem wrote:
         | This is directly contrary to my experience. I see no evidence
         | of a shift towards international talent, even with remote work,
         | if anything I've seen the exact opposite.
         | 
         | Oh, and it's "adapt" not "adopt".
        
           | VictorPath wrote:
           | Walking around Sunnyvale over 20 years ago, I expected
           | Silicon Valley to diffuse, at least across the US. If
           | anything, tech is more centralized in the Bay than ever. Tech
           | isn't even diffuse across the US or California, never mind
           | people who speak another language 10 time zones away.
        
             | ashtonkem wrote:
             | We'll see post-covid, the push towards remote among line
             | level workers is very strong, but the most "diffuse"
             | possibility I see is that each region ends up with its own
             | tech hub. Denver, Austin, New York, etc. There is very
             | little chance that these will ever fully replace SV though,
             | but they let tech hire people who would refuse to move to
             | SV.
             | 
             | The time zone issue you mentioned is the real killer.
             | Working across time zones is hard. It's easy to dismiss
             | them until you've had to work with a Ukrainian team who is
             | a solid 9 hours off phase with you.
        
           | [deleted]
        
           | [deleted]
        
         | VictorPath wrote:
         | > Industrial production has successfully left United States for
         | bad policies
         | 
         | Industrial production is a Chinese farmer screwing bolts on an
         | assembly line for $3 an hour after the harvest is done.
         | Software is (among other things) soliciting and reviewing
         | specifications and then coding it up with dependency injection,
         | unit/e2e/integration testing, interface contracts and so forth.
         | 
         | An assembly line is the same thing over and over, software is
         | different for each spec.
        
           | dan-robertson wrote:
           | I think this is just a stupid description of industrial
           | production (as well as software development.) I think silly
           | to assume that assembly-line workers in China are somehow
           | more stupid than their counterparts in the U.S. (which I
           | think is what you were hinting at by describing a Chinese
           | farmer, though I'm also confused as to why you think farmers
           | are particularly stupid too.) Indeed in the U.S. most more
           | educated people have more opportunities whereas in China
           | factory work can be a better choice leading to certain higher
           | qualities of workers. Though obviously the average education
           | standard in China is lower.
           | 
           | Industrial production involves expensive inputs, energy, the
           | procurement and maintenance of large, very expensive
           | machines, and some skilled and unskilled labour. Many of
           | those do better with scale and within the borders of a single
           | country. Perhaps it was once true that the only advantage of
           | Chinese manufacturing was cheaper labour, but I don't think
           | that is true anymore. Why would so many hi-tech devices be
           | manufactured in China? The margins are often large so they
           | could be produced in richer countries, and labour is cheaper
           | in other countries too so perhaps costs could be reduced
           | elsewhere too. I think the answer lies in all the existing
           | expertise in, and production of high tech goods and
           | components in (certain parts of) China.
        
       | baybal2 wrote:
       | What about raising salaries, so more Americans will finally get
       | interested in these jobs?
        
         | Supermancho wrote:
         | The sarcasm obscures what you are trying to communicate. The
         | post looks like random noise generated by ML.
        
           | dboreham wrote:
           | Literal whataboutism.
        
         | Kluny wrote:
         | Talk english, pal.
        
       | thrower123 wrote:
       | Tough. I have litte sympathy for companies that have been abusing
       | the H1B system to import indentured servants at substandard wages
       | for decades. The list of top H1B sponsors is a murderers row of
       | the most awful bodyshops.
       | 
       | https://www.myvisajobs.com/Reports/2021-H1B-Visa-Sponsor.asp...
        
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