[HN Gopher] Updates to H-1B
       ___________________________________________________________________
        
       Updates to H-1B
        
       Author : sul_tasto
       Score  : 189 points
       Date   : 2024-12-18 13:54 UTC (9 hours ago)
        
 (HTM) web link (www.uscis.gov)
 (TXT) w3m dump (www.uscis.gov)
        
       | pseingatl wrote:
       | Cancel the program.
       | 
       | It's not needed.
       | 
       | It's used to game the system.
       | 
       | It's not supposed to be a backdoor to a green card.
        
         | garyfirestorm wrote:
         | lmao, what do you mean by backdoor? how else would someone
         | legally immigrate?
        
           | toast0 wrote:
           | Some people get upset that someone on a 'non-immigrant'
           | 'temporary employment' visa can apply for permanent
           | residency, although that is allowed by the H1-B program.
           | 
           | Otherwise, one could immigrate through a different visa;
           | there are some employment visas that are explicitly intended
           | for those with intent to immigrate. Or like a family or
           | lottery visa, I guess.
           | 
           | I think it's possible to have a permanent residency
           | application sponsored by an employer from abroad, but
           | especially if the candidate is from China, India, Mexico or
           | the Philipines, the timelines make even less sense than H1-B
           | timelines (submit your application in a two week window near
           | the beginning of March, for the chance to start in October).
           | I don't know too many places that want to commit to a hire
           | that can't start for 7 months, although it's not unreasonable
           | for those on post graduate visas with work eligibility.
        
             | ganeshkrishnan wrote:
             | It takes around 20+ years to go from H1b to permanent
             | visa/green card. In the meantime your kids born in US have
             | grown up, graduated, you have a house and everything could
             | be yanked at the border when you are travelling.
             | 
             | Meanwhile vast majority of them pay into taxes and social
             | security and leave the US and never see a dime of that
             | money.
             | 
             | Immigrants are the easiest group to exploit by everyone
             | because they have no voice and are vilified by vast
             | majority of the people include the so called intellectuals
             | in here.
        
               | newyankee wrote:
               | Yup, left US after years of working and doubt will ever
               | see social security for self.
        
               | next_xibalba wrote:
               | I'm sure this is no consolation, but as a born-and-raised
               | citizen who has paid into social security for 15 years
               | now, I have serious doubts about seeing a positive return
               | on those taxes myself.
        
               | lern_too_spel wrote:
               | That's not how social security works. You're not supposed
               | to get a positive return. You directly pay a basic income
               | to retired people (minus administration costs). When you
               | retire, workers pay a basic income to you.
        
               | dataflow wrote:
               | I'm pretty sure they understand how social security
               | works. You missed the point they were making.
        
               | lern_too_spel wrote:
               | Asking for a positive return on social security is like
               | asking for a positive return on welfare. The positive
               | return comes from not having so many homeless old people
               | all over the country. It's not a personal investment
               | vehicle.
        
               | FredPret wrote:
               | It could be that OP expects Social Security to be kaput
               | by the time he gets to be old.
               | 
               | Looking at the population graph, that's a valid concern.
               | There's a ton of boomers and a ton of millenials, but
               | very few babies to pay for our retirement.
               | 
               | (This phenomenon could invalidate even individual stock
               | investment retirement plans as well. We need a future
               | generation of workers, investors, entrepreneurs,
               | consumers).
        
               | SpicyLemonZest wrote:
               | The issue is that, for me and anyone else who reaches
               | retirement age after 2034, only about 80% of that basic
               | income will be available. For reasons I'm not super clear
               | on, this idea tends to get coded as a conspiracy theory
               | in many circles, despite being uncontroversially true and
               | widely reported on.
        
               | lern_too_spel wrote:
               | That's a perennial Boogeyman. Policymakers have a wide
               | array of tweaks they could make (from adjusting the cap
               | to adjusting retirement age) at any time that could push
               | that out by another century.
               | https://www.epi.org/blog/a-record-share-of-earnings-was-
               | not-...
        
               | bombcar wrote:
               | This is how it works, but it is not how it was sold (and
               | all the "work tracking" confuses people as to what it is
               | doing).
        
               | radicality wrote:
               | Social security also kinda feels like a Ponzi scheme. Use
               | current 'investors' money to pay for retired people.
        
               | lesuorac wrote:
               | If you were paying retired people with investors money
               | then why does SSA have a giant surplus of nearly 3
               | trillion [1]?
               | 
               | The surplus is because of all the people that have payed
               | into the program and haven't retired yet ...
               | 
               | [1]: https://www.ssa.gov/oact/progdata/assets.html
        
               | commandlinefan wrote:
               | If only they just used the current 'investors' money to
               | pay the retirees. They actually use the social security
               | taxes to pay for "whatever" and hope they can come up
               | with the rest when they need it.
        
               | ganeshkrishnan wrote:
               | >I'm sure this is no consolation, but as a born-and-
               | raised citizen who has paid into social security for 15
               | years now, I have serious doubts about seeing a positive
               | return on those taxes myself.
               | 
               | Look at the bright side though: You get a chance to get
               | conscripted for a war against Iran/Russia/China and also
               | get to blow up windowless mudhouses in the desert to
               | protect democracy and freedom back in the states.
        
               | geodel wrote:
               | So these highly skilled and smart immigrants coming on H1
               | to US without ever understanding what they are getting
               | into?
               | 
               | They should absolutely be shunning this unfair system and
               | helping India become _vishwaguru_ of software.
        
               | umanwizard wrote:
               | The byzantine US immigration system absolutely _is_ an
               | impediment to people coming and staying here, and in my
               | (admittedly anecdotal) estimation is a major competitive
               | disadvantage, and a big part of the reason the UK, EU,
               | Canada and China are making progress towards becoming
               | tech hubs.
        
               | geodel wrote:
               | Well everyone is making progress. Relevant point is how
               | far they have come and how long they've taken.
        
               | aylmao wrote:
               | Those particular cases have benefited by the shortcomings
               | of the USA actually. I know some big tech companies send
               | workers who weren't able to secure US immigration
               | specifically to offices in Canada, the UK or the EU. For
               | example Meta and Google [1][2].
               | 
               | One can expect the company then grows an interest in
               | developing full engineering teams in these sites. One can
               | also expect some people might simply decide to not come
               | back to the USA.
               | 
               | With the general rise of China's tech scene, recently
               | there's been a trend by which the USA doesn't retain
               | Chinese international students and they instead opt to
               | return home. One has to imagine the very, very long
               | immigration process they have to go to has to do with
               | this [4].
               | 
               | [1]: https://www.teamblind.com/post/Does-Meta-relocate-
               | you-to-Can...
               | 
               | [2]: https://www.quora.com/Is-it-difficult-to-relocate-
               | from-the-G...
               | 
               | [3]: https://news.cgtn.com/news/2024-08-29/The-return-
               | wave-Why-80...
               | 
               | [4]: https://www.statista.com/chart/16528/long-wait-
               | times-for-gre...
        
               | lern_too_spel wrote:
               | Outcomes aren't binary. For any marginal increase in
               | immigration difficulty for skilled tech workers, there is
               | a marginal decrease in US tech competitiveness relative
               | to other countries.
        
               | BeetleB wrote:
               | > It takes around 20+ years to go from H1b to permanent
               | visa/green card.
               | 
               | Primarily only for Indians. For almost everyone else,
               | it's much quicker. Most people I know get it in 2-3
               | years. Many in under 2 years.
               | 
               | (And yes, it's frankly immoral that they have a separate
               | queue for Indians).
               | 
               | So don't get rid of H1B. Make it one queue.
        
               | thatfrenchguy wrote:
               | 20 years only if you're born in India married to someone
               | born in India. Not great either way though, but it's
               | really affecting the Indian community because of their
               | particular norms.
        
               | toast0 wrote:
               | If your spouse is a US citizen or permanent resident on
               | their own, great. But if you're on H1-B and your spouse
               | is on H-4, I don't think their country of birth makes a
               | difference?
               | 
               | If you're both on H1-B, then sure, having a different
               | country of birth can help.
        
               | rbanffy wrote:
               | > your kids born in US have grown up
               | 
               | And now even their citizenship is threatened.
        
             | addicted wrote:
             | > Some people get upset that someone on a 'non-immigrant'
             | 'temporary employment' visa can apply for permanent
             | residency, although that is allowed by the H1-B program.
             | 
             | The H1B visa is explicitly a dual intent visa.
             | 
             | https://en.m.wikipedia.org/wiki/Dual_intent
             | 
             | Becoming a permanent resident is explicitly allowed under
             | the H1B visa. By contrast, if an immigration officer even
             | had a suspicion that you intended to immigrate on any other
             | visa, that would be sufficient grounds for them to disallow
             | you from entering the country.
             | 
             | Further, the dual intent nature of the H1B visa means H1B
             | employees pay social security and Medicare, even though
             | they themselves are not eligible for it. Something you
             | don't have to do if you earn money on a non dual intent
             | visa.
             | 
             | The H1B visa is indeed temporary. It lasts only 6 years.
             | But it allows you, or your employer, to apply for your
             | permanent residency on the basis of other categories while
             | you're in the U.S. on an H1B visa. IOW, the only real use
             | of the H1B is that it lets an employer get to know an
             | employee well enough that they're willing to sponsor their
             | permanent residency.
             | 
             | Also, the other reason the H1B appears overused and not
             | "temporary" is because in a moment of brilliance Congress
             | wrote laws so that there were an equal number of green
             | cards handed out to people from Jamaica as those from
             | China. As a result, when Indians and Chinese apply and get
             | approved for a green card, they need to wait decades to
             | actually get those green cards, whereas someone from Greece
             | would get it instantly.
             | 
             | Since Congress hasn't been able to write new immigration
             | laws in 3 decades, extending thenH1B visa is the only way
             | to allow folks who have essentially approved green cards to
             | remain in the U.S., because they're discriminated by their
             | country of birth.
        
               | toast0 wrote:
               | > The H1B visa is explicitly a dual intent visa. ...
               | Becoming a permanent resident is explicitly allowed under
               | the H1B visa.
               | 
               | I am aware that this is allowed. However, the DOL
               | describes the program like this: [1]
               | 
               | > The H-1B program applies to employers seeking to hire
               | nonimmigrant aliens as workers in specialty occupations
               | or as fashion models of distinguished merit and ability.
               | A specialty occupation is one that requires the
               | application of a body of highly specialized knowledge and
               | the attainment of at least a bachelor's degree or its
               | equivalent. The intent of the H-1B provisions is to help
               | employers who cannot otherwise obtain needed business
               | skills and abilities from the U.S. workforce by
               | authorizing the temporary employment of qualified
               | individuals who are not otherwise authorized to work in
               | the United States.
               | 
               | So I understand why people would be confused or upset
               | when nonimmigrant aliens with temporary employment
               | authorization end up immigrating.
               | 
               | I also agree that allocating a limited number of
               | residencies by country of birth is pretty bizarre. There
               | are some countries where the whole population could get a
               | green card in a single year (if they were all eligible),
               | but people born in Mexico and India have a 20 year
               | backlog in some categories. Some sort of population or
               | land area factor should apply. The impacted countries may
               | want to consider strategic division to improve their US
               | immigration backlogs ;P and they could gain more votes in
               | the UN General Assembly, too.
               | 
               | [1] https://www.dol.gov/agencies/whd/immigration/h1b
        
               | TheCoelacanth wrote:
               | They should just get rid of the green card limit
               | altogether.
               | 
               | There is already a limit on people who can get H1Bs and
               | move into the country. Once they are actually living here
               | on a semi-permanent basis, converting to actually
               | permanent should be based on the person themself, not
               | based on how many other people decided to become
               | permanent residents.
        
         | ganeshkrishnan wrote:
         | The rabid chants went from: we need to stop illegal immigration
         | and make sure everyone enters legally
         | 
         | To:
         | 
         | We need to make sure we only allow valuable immigrants that add
         | to the economy
         | 
         | To:
         | 
         | Cancel this program. They are gaming the system.
         | 
         | You can choose the game to play but you can't choose the rules
         | of the game.
        
           | duped wrote:
           | > We need to make sure we only allow valuable immigrants that
           | add to the economy
           | 
           | Replace this with "white" and it makes more sense
        
             | zer8k wrote:
             | Ah yes the classic "huwhite people and muh racism" gambit.
             | 
             | It's tired. H1Bs are gamed to the point of uselessness.
             | Most companies internally post H1B job offerings so people
             | are aware. I've yet to see one with a competitive salary.
             | They are used to source cheaper labor and avoid paying
             | actual Americans the fair wage they deserve. The last 15-20
             | years of tech has slowly seen the InfoSys-ization of the
             | tech economy. I work with more contractors from Mexico,
             | India, and Eastern Europe, and more H1Bs from India than
             | literally anyone else. On my team I can count the number of
             | Americans on one hand.
             | 
             | The program should be extremely limited. I am a fan of
             | charging 2-3x the normal tax rate for H1Bs so companies
             | have to actually justify hiring "talent you can't find in
             | America". There are 300,000 unemployed tech workers. I find
             | it hard to believe none fit the bill. Just that most won't
             | take a 60% haircut for more work.
        
               | geraldwhen wrote:
               | I haven't hired an American in many years. It's
               | forbidden.
        
               | throwaway7783 wrote:
               | I have a hard time hiring an American too, especially for
               | backend jobs. But thats because they simply don't apply
               | to the open positions we have. We don't disclose salary
               | upfront, so the argument that "you pay less thats why"
               | doesn't hold. We just don't get those resumes - through
               | recruiters, direct channels, LinkedIn - even when we said
               | we prefer citizens (due to legal costs).
        
               | 0x457 wrote:
               | > We don't disclose salary upfront, so the argument that
               | "you pay less thats why" doesn't hold.
               | 
               | Yeah, it does. I assume you don't post it because it's
               | not competitive, and in every case I've personally
               | encountered this was the case.
        
               | epicureanideal wrote:
               | What are the specific job requirements? Have you posted
               | on HN Who's Hiring?
        
               | HDThoreaun wrote:
               | > the fair wage they deserve.
               | 
               | Why do american citizens deserve more than non american
               | citizens for the same work?
        
               | carlosjobim wrote:
               | That's what every non-American should ask their own
               | government and their own companies.
        
               | short_sells_poo wrote:
               | The American people get to decide who they want to allow
               | in and under what conditions. If the American people
               | decide that they should get compensated more than non-
               | American citizens for a role falling under American
               | jurisdiction, they can do that. And other nationalities
               | can retaliate or pound sand, but that's it.
        
               | throwaway7783 wrote:
               | Sure, there is nothing non-americans can do about it. But
               | want!=deserve
        
               | zifpanachr23 wrote:
               | Other countries are free to compete, nobody is arguing
               | otherwise, but it is explicitly the right of any country
               | to determine who is allowed to compete within their
               | nation.
               | 
               | What people want or deserve is irrelevant. If you live
               | elsewhere and feel you deserve more, then that's not
               | America's problem.
        
               | bdangubic wrote:
               | > The American people get to decide who they want to
               | allow in and under what conditions.
               | 
               | I am an American, no one asked me to decide this. Who are
               | these "American people" making these decisions...?
        
               | ImJamal wrote:
               | You can vote for politicians who make this decision. You
               | can also work to get an amendment passed.
        
               | bdangubic wrote:
               | oh so fantasy stuff :)
        
               | throwaway48476 wrote:
               | The government of the people exists to benefit the
               | people. Ideally.
        
               | pratnala wrote:
               | > I've yet to see one with a competitive salary.
               | 
               | Nonsense.
        
               | throwaway7783 wrote:
               | I have been on H1B forever now, and my salaries have been
               | more or on par with the role. I tend to agree there is a
               | lot of H1B misuse, especially by large Indian consulting
               | firms. This needs to be curtailed.
               | 
               | But, there may be 300,000 unemployed tech workers. While
               | I also find it hard to believe none fit the bill, I
               | believe most don't. So many are out of random bootcamps,
               | self proclaimed programmers who can't solve fizzbuzz. I
               | also have not seen any H1B in my career that is good and
               | willing to take a 60% haircut. In my own company, they
               | are the highest paid and are grumpy we are not paying
               | more. They are all really good engineers too. Heck, when
               | I was looking to move to the US, I refused tons of low
               | paying jobs. When we opened up backend programming jobs,
               | only a handful American citizens even applied. We hired
               | one of them, while we needed 4. The rest didn't make it
               | through the interview process. We also rejected tons of
               | H1bs because they didnt make it through the process. Same
               | salary range offered to H1Bs. And we are a fully remote.
               | So I wonder where are these 300,000 unemployed tech
               | workers.
               | 
               | Cut the fraud and it automatically becomes a decent
               | program. Now, if one is entirely against the program of
               | attracting foreign talent, thats a different discussion.
        
               | zifpanachr23 wrote:
               | How do you know they are on par for the role if you are
               | part of the program intended (by the detractors) to push
               | down wages for everybody?
               | 
               | Seems that there is no way you could possibly determine
               | that given the circumstances besides speculating about
               | supply and demand.
        
               | 0x457 wrote:
               | > How do you know they are on par for the role if you are
               | part of the program intended (by the detractors) to push
               | down wages for everybody?
               | 
               | Because they know their salary, and what is supposed to
               | be for their role?
        
               | bdangubic wrote:
               | some people believe that mere presence of the program
               | itself is driving the wages down which is... funny...
        
               | 0x457 wrote:
               | Well, the way program exists now, it's utilized by two
               | kinds of companies:
               | 
               | 1) Someone like Verizon that uses it for cheap labor
               | 
               | 2) Someone like Netflix that wants to hire good engineers
               | 
               | The way the program works now (before those changes?),
               | it's much easier for group 1 to fill its positions via
               | staffing agencies overseas. That's true even if a company
               | from group 2 already know who they want to hire, since
               | it's a lottery system.
               | 
               | Would be easier if this were two different visas (or
               | program got revamped in a way that it actually works as
               | it's sold to public), but we can't have "Cheap Human
               | Labor Visa" for various reasons.
        
               | bdangubic wrote:
               | every problem has a solution except in America where what
               | we THINK is a problem (and discuss ad naseum on HM) is
               | there by design. Group 1's lobbyist are paying A LOT more
               | than Group 2 - hence they get the most benefit out of the
               | program. it'll be interesting to see next four years, I
               | suspect the program will at minimum triple
        
               | sunshowers wrote:
               | I was paid between 400 and 600k a year while on an H1B.
               | 
               | > I am a fan of charging 2-3x the normal tax rate for
               | H1Bs so companies have to actually justify hiring "talent
               | you can't find in America".
               | 
               | This is extraordinarily racist if you spend more than 5
               | seconds thinking about it, and honestly you should
               | question every one of your choices that have led to this
               | point. It is time for you to re-examine your entire
               | worldview.
        
           | geodel wrote:
           | > but you can't choose the rules of the game.
           | 
           | Well you of course can. These rules are set by government and
           | they have power to change as they see appropriate.
        
             | throwaway48476 wrote:
             | I think it's called democracy or something.
        
           | ritcgab wrote:
           | Dog whistle.
        
         | dbbk wrote:
         | How do you propose hiring tech talent then
        
           | observationist wrote:
           | Right, the desperate need for talent is the reason these
           | programs are used so heavily. It's not discounted salary and
           | cost savings in benefits, insurance, and other areas for non-
           | permanent employees, or having leverage over immigrant
           | employees in negotiations. Corporations only ever use these
           | programs to get the absolute best of the best and they
           | absolutely aren't abused to bypass the stricter regulations
           | and requirements for citizen employees. /s
           | 
           | There's nothing wrong with brain draining other countries and
           | incentivizing legal immigration for work visas and H1B style
           | programs. We should want to be the best place in the world to
           | work. This shouldn't come as a detriment to the citizens of
           | the US. Legal immigration and jobs programs need to be
           | better. The H1B program suppresses legal citizen wages as
           | well as immigrant wages because companies are able to use the
           | threat of deportation as an effective negotiation tactic.
           | Companies use immigrants for cheap professional labor, and if
           | the immigrant pipes up, they get let go. With everything in
           | tech life being designed around pushing people into paycheck
           | to paycheck lifestyles, this can wreck someone's life through
           | no fault of their own if they do something like ask for a
           | raise, or better health insurance.
           | 
           | In turn, if citizen employees try to negotiate, the company
           | can replace them with more immigrant workers unless or until
           | they can hire local replacements at the company's preferred
           | rate of pay.
           | 
           | We need a cleaner, easier path to citizenship, without the
           | endless bureaucratic nightmare that is the current system. We
           | need better work visa programs, so that people who
           | legitimately make the world a better place aren't penalized
           | for arbitrary technicalities, while at the same time
           | recognizing the sovereignty of the US and reasonably
           | protecting borders.
           | 
           | Sometimes countries need to be overthrown, and the US
           | shouldn't act like a pressure release valve for dictators. We
           | also shouldn't be in the business of regime management or
           | perpetuating political nightmares that causes a lot of
           | illegal immigration, as well.
           | 
           | TLDR; There's no shortage of US tech talent. The problem is
           | that we've painted ourselves into a regulatory corner - in
           | order to be competitive, companies have to shortchange
           | payroll by abusing migrant salaries. To fix it, we must
           | strengthen migrant rights so companies can't hang the threat
           | of deportation over employee's heads, and reduce the
           | financial burden of hiring citizens, so you get the same bang
           | for your buck regardless of the immigration status of the
           | employee.
           | 
           | Microsoft and Lumen and FAANG and all the tech industry
           | titans shouldn't have penny pinching strategies designed to
           | bump stock prices using methods that are fueled by human
           | suffering. Get rid of those options and stop blindly
           | implementing systems where the incentives are so obviously
           | awful.
        
             | hombre_fatal wrote:
             | I didn't believe it until I saw it, but look at the
             | classified section of the San Francisco newspaper where big
             | tech companies post job listing knowing that Americans
             | won't see them so they can say they tried to get domestic
             | talent.
             | 
             | My neighbor is on a visa from mumbai working at Chase who
             | was brought in as the lead frontend engineer (def can't
             | find Javascript devs in the US). Even he admitted it's
             | weird that his whole team is from India on visas. They just
             | aren't hiring citizens.
        
               | jonnycoder wrote:
               | As a senior software engineer who was unemployed for over
               | a year, I can confirm almost nobody is hiring USA
               | Javascript and Python devs with 10+ years of experience
               | with some big accomplishments. I got lucky with a
               | backfill.
        
               | pacoWebConsult wrote:
               | And once a team reaches that point, less citizens will
               | want to work on a team where they're the outsider
               | anyways.
        
               | rbanffy wrote:
               | I find that diversity extremely rewarding. I learn new
               | things, learn about other people's traditions and learn
               | different ways of thinking and organising. Approach the
               | challenge with an open mind.
        
               | ChadBrogramer69 wrote:
               | Yeah except they don't share the same liberal sentiment.
               | They look at you like a silly clown.
        
               | happytoexplain wrote:
               | These are the fun, but token advantages of diversity in
               | this specific context. There are lots of advantages and
               | disadvantages to diversity - because it is an extremely
               | generic term. I have first hand experience of teams
               | completely losing all the original members, who were
               | extremely talented and all born in the US, because they
               | hired such a huge number of people who were from a
               | different culture (India, in this case). It had nothing
               | to do with racism - they just had nothing in common. It
               | was fun to talk about their different religious
               | celebrations and so on, but they were emotionally aliens.
               | They were reasonably smart, yet there was zero
               | intellectual spark in conversations between the two
               | groups. They were just too different to thrive with each
               | other. Different culturally, ideologically,
               | intellectually, emotionally. Different in methods of
               | communication, in treatment of the business hierarchy, in
               | assumptions and expectations. We can blame the business
               | for making an incompatible team, but the compatibility
               | parameters were too tied to culture and race. It's hard
               | to account for that without essentially being racist.
        
           | __loam wrote:
           | They could try hiring one of the hundreds of thousands of
           | citizens they laid off over the past 3 years.
        
           | happytoexplain wrote:
           | By offering wages appropriate for the economy your fellow
           | citizens are accustomed to, as opposed to the economy
           | citizens of other nations are accustomed to.
        
             | BeetleB wrote:
             | Already done.
             | 
             | I mean, you didn't provide details/data, so I don't know
             | what you have in mind.
             | 
             | The rules require you pay prevalent wages for the geo
             | you're in.
        
               | Glyptodon wrote:
               | Saw a university (like 7 years ago) H1B'ing postdocs for
               | like $30k, maybe $35k a year, by valuing the benefits at
               | like $20k. It was kind of a joke IMO.
        
               | BeetleB wrote:
               | That is the prevailing wage for postdocs, domestic or
               | foreign.
               | 
               | The abuse of postdocs and grad students exists, but is
               | entirely unrelated to H1B and foreigners. They paid them
               | poorly even before the country was flooded with foreign
               | students.
        
         | VirusNewbie wrote:
         | no, just make it an auction system with compensation.
        
         | ritcgab wrote:
         | Guy who born with natural citizenship is too privileged to
         | imagine how hard it is to get a green card.
        
           | carlosjobim wrote:
           | Everybody is born with natural citizenship.
        
             | petesergeant wrote:
             | You should take a moment to look up what "stateless" means
        
               | carlosjobim wrote:
               | God forbid somebody says that every dog has four legs and
               | a hacker hears it...
        
             | ritcgab wrote:
             | Stephen Miller does not approve this.
        
           | lubujackson wrote:
           | Great comeback, except you completely ignore the point (its
           | purpose is not meant to be a backdoor) and attack him for...
           | being an American?
           | 
           | Instead of telling everyone else to check their privilege,
           | maybe check your expectations. The world doesn't owe anyone
           | anything. Claiming your desires are everyone else's problem
           | is a deeply self-centered way to view the world.
        
           | happytoexplain wrote:
           | This is a hideous tone that will do nothing but antagonize
           | proud citizens and sour voters on the idea of generosity.
           | 
           | Thoughtful discourse is predicated first on basic respect.
        
         | asdasdsddd wrote:
         | What is the correct pathway to green card for a worker
         | immigrant?
        
           | throwaway48476 wrote:
           | America does not owe the world a green card.
        
             | mynameisvlad wrote:
             | That wasn't and has nothing to do with the question asked.
        
               | throwaway48476 wrote:
               | A path needn't exist.
        
         | EVa5I7bHFq9mnYK wrote:
         | Did you know they raped all the dogs in Springfield?
        
         | 0x457 wrote:
         | Yeah, you have no idea of the process of getting green card via
         | h1b works.
         | 
         | You can ditch the US, get permanent resident status in Canada,
         | become Canadian citizenship, get TN visa to work in the US if
         | you want to and someone who thinks that h1b is a backdoor to a
         | green card will be just starting on green card paperwork. And
         | that's if there are no issues with application.
         | 
         | This is all after participating in h1b lottery for years. Trust
         | me, it's an extremely slow and painful way of getting a green
         | card. If h1b is your way to a green card, it means either:
         | you're already married, you have no idea what are you doing.
         | 
         | It's no a backdoor in any way, person move to the US for work
         | and builds a life here, accumulate assets, I think it's pretty
         | reasonable to give those people a way to settle in the US
         | permanently in these cases.
         | 
         | The program needs to be revamped because it's not working in
         | the way it's sold to voters.
        
         | screye wrote:
         | > not supposed to be a backdoor to a green card
         | 
         | So...what's the front door to the green card ? How does one
         | arrive legally to the nation with the highest [1] historic
         | immigration rate of any nation in the world ?
         | 
         | https://www.migrationpolicy.org/programs/data-hub/charts/net...
        
       | tartoran wrote:
       | Does anybody know what are the updates are in layman terms?
        
         | ganeshkrishnan wrote:
         | here it is https://www.uscis.gov/newsroom/news-releases/uscis-
         | announces...
         | 
         | I read through it and even asked chatgpt for summary and it
         | looks like "passport is now required" and "one beneficiary one
         | draw" that is if you put in multiple petitions it will only
         | consider you once.
         | 
         | I thought Elon was talking nonsense when he mentions frivolous
         | government rules but reading these h1b changes makes me
         | question my own sanity about the government "rules" which they
         | aptly named it as "Final rule" (wtf?).
        
       | impish9208 wrote:
       | Some highlights from the Federal Register:
       | 
       | > 2. Bar on Multiple Registrations Submitted by Related Entities
       | 
       | DHS will not finalize the proposed change at 8 CFR
       | 214.2(h)(2)(i)(G) to expressly state in the regulations that
       | related entities are prohibited from submitting multiple H-1B
       | registrations for the same individual. On February 2, 2024, DHS
       | published a final rule, "Improving the H-1B Registration
       | Selection Process and Program Integrity," 89 FR 7456 (Feb. 2,
       | 2024), creating a beneficiary-centric selection process for
       | registrations by employers and adding additional integrity
       | measures related to the registration process to reduce the
       | potential for fraud in the H-1B registration process. In that
       | final rule, DHS states that it "intends to address and may
       | finalize this proposed provision [expressly stating in the
       | regulations that related entities are prohibited from submitting
       | multiple registrations for the same individual] in a subsequent
       | final rule," but that "[m]ore time and data will help inform the
       | utility of this proposed provision." 89 FR 7456, 7469 (Feb. 2,
       | 2024). Initial data from the FY 2025 H-1B registration process
       | show a significant decrease in the total number of registrations
       | submitted compared to FY 2024, including a decrease in the number
       | of registrations submitted on behalf of beneficiaries with
       | multiple registrations.[1]
       | 
       | This initial data indicate that there were far fewer attempts to
       | gain an unfair advantage than in prior years owing, in large
       | measure, to the implementation of the beneficiary-centric
       | selection process.[2]
       | 
       | Under the beneficiary-centric selection process, individual
       | beneficiaries do not benefit from an increased chance of
       | selection if related entities each submit a registration on their
       | behalf. As such, DHS has decided not to finalize the proposed
       | change pertaining to multiple registrations submitted by related
       | entities.
       | 
       | > C. Summary of Costs and Benefits
       | 
       | DHS analyzed two baselines for this final rule, the no action
       | baselines and the without-policy baseline. The primary baseline
       | for this final rule is the no action baseline. For the 10-year
       | period of analysis of the final rule, DHS estimates the
       | annualized net cost savings of this rulemaking will be $333,835
       | annualized at a 2 percent discount rate. DHS also estimates that
       | there will be annualized monetized transfers of $1.4 million from
       | newly cap-exempt petitioners to USCIS and $38.8 million from
       | employers to F-1 workers, both annualized at a 2 percent discount
       | rate.
        
       | blahblahgov wrote:
       | Yup, as expected. Not dealing with the effects of clustering.
       | Great job GOV.
       | https://www.reddit.com/r/sysadmin/comments/1fyx9hp/cognizant...
        
         | addicted wrote:
         | Looks like that's going through the legal system so is already
         | illegal?
         | 
         | You can't make a rule that says "hey don't break the rules".
         | 
         | That seems logically fallacious.
        
           | lukeramsden wrote:
           | Can't read the full article due to paywall but ostensibly
           | it's due to bias rules on race and not visa rules? Sounds
           | like visas being abused and then backstopped by unrelated
           | rules does not mean the visa rules shouldn't be fixed.
        
       | r-johnv wrote:
       | Several positive outcomes, including expanding cap-exemption to
       | non-profit and other research institutions, and stronger
       | enforcement mechanisms.
        
       | patrickhogan1 wrote:
       | Ah, classic regulatory theater. The administration, after 4 years
       | of not introducing these changes, is now suddenly scrambling to
       | roll them out. They're dropping them right before a major
       | transition, with an implementation timeline conveniently set for
       | after the transition.
       | 
       | It's a clever little maneuver. When the inevitable reversal
       | happens, they can show up at fundraising galas telling donors,
       | "We tried! We were so close! It's just those baddies who always
       | come along and pull the rug."
        
         | lesuorac wrote:
         | Eh downvote.
         | 
         | The USG has to go through a very length period of coming up
         | with a proposed rule. Allowing comments to be made about it,
         | adjusting (or not) the rule based on those comments, and then
         | finally submitting the final rule.
         | 
         | Nobody at USCIS wrote this document yesterday and published
         | this today. This is the result of years of work. Do you
         | seriously expect the USG to shut down anything they don't think
         | they can finish under the current administration?
        
           | fasdfdsava wrote:
           | Maybe it's a total coincidence that this final rule takes
           | effect the Friday, January 17 and Trump's inauguration is
           | Monday, January 20th. But I sort of wonder.
        
           | akira2501 wrote:
           | > has to go through a very length period
           | 
           | Doesn't the bottom of this announcement describe a previous
           | rule that was announced in January 2024 and then implemented
           | in March 2024? Interesting that rules process was far more
           | rapid than this one.
        
             | lesuorac wrote:
             | And?
             | 
             | So a different related rule started its process awhile back
             | and a second rule was in the works concurrently. Is the USG
             | only allowed to do one thing at a time?
             | 
             | The comment period for this rule ended last year to give
             | you an idea of how long this has at least been in the
             | works. All of this information is rapidly found via the
             | submitted url at the top of the page.
             | 
             | https://www.regulations.gov/docket/USCIS-2023-0005/document
        
               | akira2501 wrote:
               | It's the same question. What decides when a long process
               | and comment period is required and when it isn't? Why
               | does this agency have such variable performance when it
               | comes to similar rulings?
        
         | xiphias2 wrote:
         | It's not the only last minute thing the administration does
         | that it could have done before:
         | 
         | - Launched rockets from Ukraine - remote work contracts
         | extended to 2029 after Elon + Vivek wants people to RTO -
         | TikTok ban
         | 
         | And the classic answer is always the same here: ,,it was all
         | planned for years'' (sure, but the decision is made after the
         | elections on purpose)
        
           | wat10000 wrote:
           | We all know how a distant deadline can make us slack off.
           | Then suddenly the deadline is in three months instead of four
           | years, you'll discover a bunch of things you could do faster.
           | 
           | That's not to excuse the slowness, but I imagine this stuff
           | was in process for a while.
        
             | InsideOutSanta wrote:
             | Parkinson's law: "work expands so as to fill the time
             | available for its completion."
        
           | tssva wrote:
           | The decision regarding TikTok was not made after the election
           | and the law was passed with strong bi-partisan support.
        
         | jonny_eh wrote:
         | Regardless, these are good changes, I hope they stick around.
        
         | rbanffy wrote:
         | > The administration, after 4 years of not introducing these
         | changes
         | 
         | They might have spent the last four years negotiating what
         | exactly the changes would ideally be. Government doesn't work
         | well with the "let's see what sticks approach".
        
           | patrickhogan1 wrote:
           | Negotiating with who?
           | 
           | This is an executive power. USCIS - the President can modify
           | regulations, such as how H-1B applications are processed or
           | the criteria used in selection lotteries.
        
         | eweise wrote:
         | It will make Trump look great reversing a policy that steals
         | good paying jobs from Americans.
        
         | cyberax wrote:
         | > Ah, classic regulatory theater.
         | 
         | No, the classic people not understanding how the government
         | works.
         | 
         | These are changes that were done through the rule-making
         | process, not legislation. The rule-making process is (by
         | design!) VERY SLOW to give the stakeholders a chance to voice
         | their opinion.
         | 
         | Typical rules take about 2 years to be implemented. And I guess
         | Biden hoped to get a real immigration reform that would have
         | made these changes unnecessary.
        
         | root_axis wrote:
         | Unlikely to be reversed. The incoming president's largest donor
         | strongly favors a larger and more dynamic H1-B work force.
        
           | n144q wrote:
           | The same president used coronavirus as an excuse to ban all
           | H1B entries.
        
             | bdangubic wrote:
             | those were then times, now billionaires shelled out a whole
             | lot of money to put him in power and payback time is
             | coming. h1b may double/triple/... in the coming years.
             | policy will be to keep "bad people out" (southern border)
             | while taking in a bunch of "smart people, best people" from
             | other countries
        
           | sitkack wrote:
           | Anything to keep wages down.
        
       | kylehotchkiss wrote:
       | I'm very happy for everybody on H1-B whose live this improves!
       | Does this include renewal in USA?
       | 
       | But as an American the "bonafide job requirement" makes me
       | nervous. We have a massive ghost job problem that really needs to
       | be a federal crime. Will this make that worse?
        
         | packetlost wrote:
         | Yeah, there really needs to be some worker protection
         | legislation makes ghost jobs a crime.
        
           | lazide wrote:
           | It already is. It just isn't enforced by the DOL/ICE. (Those
           | offers need to actually be legitimate, or it's fraud).
        
             | tartoran wrote:
             | Is this actually enforced? There are still ghost jobs being
             | posted.
        
               | umanwizard wrote:
               | The comment you're replying to already said it's
               | unenforced.
        
               | lazide wrote:
               | Near as I can tell, it's similar to 'don't talk about
               | salary at work' stuff - technically maybe if you can
               | prove it and complain to the right person, but it's
               | _everywhere_.
        
         | vsskanth wrote:
         | they mean "bonafide job offer". What is happening right now is
         | staffing agencies (mainly in India) mass file H1B applications
         | for all their staff, and then once they get picked in the
         | lottery, they find assignments in the US and file the entire
         | petition after. This heavily disadvantages non-staffing
         | companies who file H1Bs for their staff outside the country or
         | those in the US on F1 visas for actual jobs.
         | 
         | This change is meant to close that loophole. This used to not
         | be a problem, because you had to file the entire petition
         | BEFORE you enter the lottery, but now you just pay some nominal
         | fee and get your name in, leading to a highly profitable
         | situation for staffing companies.
        
       | ziddoap wrote:
       | https://www.federalregister.gov/documents/2024/12/18/2024-29...
       | 
       | The tweet is a super brief summary, reproduced below.
       | 
       | Founders can self petition (& spouses can work)                 -
       | Own >50% of the entity, or have majority voting rights
       | 
       | Roles tied to research institutions cap-exempt                 -
       | Organizations where fundamental research is a key activity now
       | qualify       - Startups can hire researchers (AI, health,
       | hardware) year-round
       | 
       | Students get seamless transition                 - Cap-gap work
       | authorization extended to April 1       - Prevents employment
       | gaps for F-1 OPT to H-1B switch
       | 
       | Faster H1-B transfers for job changes                 -
       | Flexibility to start working immediately upon petition filing
       | 
       | Clarification of specialty role                 - Less strict on
       | the direct link between degree/job responsibilities       -
       | Recognizes that AI may require multiple academic background
       | 
       | Cracking down on fraud                 - Stricter compliance
       | rules       - Employers must demonstrate a bona fide job exists
       | - Site visit codified: refusal to comply = petition denial
        
         | dang wrote:
         | (This was originally posted in the other thread
         | https://news.ycombinator.com/item?id=42451271, but it's useful
         | here too)
        
         | wooque wrote:
         | > Founders can self petition
         | 
         | Wait, so I can just open LLC and get H1B visa for it? There
         | have to be conditions and limitations, otherwise it will be
         | misused.
        
           | tacker2000 wrote:
           | Yea thats what I also thought. Opening an LLC is pretty easy.
        
           | ramarnat wrote:
           | You'd still have to comply with the H1-B rules for the job
           | you are petitioning for, like the duties you are performing,
           | the salary requirements etc. And the legal costs of doing the
           | petition.
           | 
           | Now, misuse could come if you are independently wealthy and
           | can self fund, but at the end of the day if you are doing
           | that in the US, the economy still benefits.
        
             | shin_lao wrote:
             | There are better visas and even green cards if you're
             | wealthy.
        
               | paxys wrote:
               | Exactly. You can literally buy a green card with a ~$500K
               | "investment". No need to jump through H-1B hoops.
        
               | ramarnat wrote:
               | That's more than what you would need if you were hiring
               | for a prevailing wage position.
        
               | ramarnat wrote:
               | Yes, but the prevailing wage threshold would be lower
               | than the investor visa, as will the commitments. The
               | investor visa you have to show a plan, hire people etc.
        
             | cyberax wrote:
             | If you're "wealthy", you can immigrate by officially
             | starting a business with just an $80000 investment (E-2
             | visa).
             | 
             | Or you can just buy a green card for a $800000 investment
             | (EB-5).
        
               | thiagocmoraes wrote:
               | E-2 is not available to all countries.
        
               | cyberax wrote:
               | You can first get an investor-based citizenship in one of
               | the countries that has signed the tax treaty with the US.
               | 
               | It'll cost you about $50-100k extra.
        
           | admissionsguy wrote:
           | So can I now go to SF, set up an LLC, and get the sweet SF
           | dev rates?
        
             | 0x457 wrote:
             | Sure, as long LLC that you have set up generates enough
             | revenue to pay your salary.
             | 
             | I'm not sure you understand how this works.
        
           | punksatoni wrote:
           | ** Wait, so I can just open LLC and get H1B visa for it?
           | There have to be conditions and limitations, otherwise it
           | will be misused.
           | 
           | No, you have to first post a job posting at a low salary,
           | preferably with an in-office requirement in a HCOL city. If
           | you get applicants, give them Leetcode Hard and no one will
           | pass.
           | 
           | Then, when no one applies or passes the interview, you claim
           | there is a shortage.
           | 
           | Viola!
        
         | geraldwhen wrote:
         | I'll believe it when I see it. Until then, I look forward to
         | teaching H1B recipients to turn on a computer.
        
         | paxys wrote:
         | > - Site visit codified: refusal to comply = petition denial
         | 
         | Wonder how this works for remote-only positions/companies.
        
         | kccqzy wrote:
         | What's the reason for cap-gap extension to April 1? I thought
         | that the government fiscal year starts on October 1, so H-1B
         | statuses take effect on that date and therefore the extension
         | is only needed until October 1. What is the motivation here?
        
       | laidoffamazon wrote:
       | Expect this to be rolled back fully on January 20
        
         | KerrAvon wrote:
         | Unclear. They're not going to be consistent or competent, and
         | the intent of everything they do will be to either part out the
         | government to their friends, weaponize the US government
         | against perceived enemies. And they might reward people who
         | kiss the ring by granting exceptions.
         | 
         | Really, given the premise, anyone sane should kill H-1B
         | entirely for tech:
         | 
         | "The intent of the H-1B provisions is to help employers who
         | cannot otherwise obtain needed business skills and abilities
         | from the U.S. workforce by authorizing the temporary employment
         | of qualified individuals who are not otherwise authorized to
         | work in the United States"
         | 
         | There is no shortage of qualified US software engineers. CS
         | schools are full. The very concept is ridiculous. Kill this
         | law, liberalize immigration instead.
        
           | KerrAvon wrote:
           | Also, there are going to be endless, endless lawsuits on
           | everything, because everything they do is going to violate
           | either the Constitution or existing US law. I'm not sure how
           | much that will slow them down.
        
           | n144q wrote:
           | > CS schools are full
           | 
           | I guess you never paid any attention to the nationality of
           | students enrolled in CS classes.
        
           | commandlinefan wrote:
           | ... not that it was _ever_ used that way, since its
           | inception.
        
         | parineum wrote:
         | Why?
        
           | laidoffamazon wrote:
           | Trump in term 1 was the most hostile to legal immigration
           | President in decades and that was before he started
           | slandering Haitians with legal status
        
         | halyconWays wrote:
         | He ran on a platform of _easier_ legal immigration.
        
           | laidoffamazon wrote:
           | I think you are excessively credulous and that's the most
           | polite I can be.
           | 
           | I'm a natural born citizen that's the wrong skin color and
           | I'm planning on carrying my passport everywhere come Jan 21 -
           | I'm not going to chance being thrown into the back of a
           | BORTAC van.
        
             | M3L0NM4N wrote:
             | I think a natural born citizen carrying their passport
             | everywhere starting Jan 21 is even more credulous in the
             | other direction.
        
               | laidoffamazon wrote:
               | I don't think you've thought through the downside risk. A
               | coworker - himself of my ethnicity - assumed I was
               | foreign born, I'm not going to leave it to chance when
               | the promised deportation dragnet starts up.
        
               | alephnerd wrote:
               | I'd recommend carrying a passport card instead of the
               | actual passport. A REAL ID would be helpful as well.
               | 
               | I don't think the chances of something that drastic are
               | high, but it doesn't hurt to err on the side of caution.
        
               | laidoffamazon wrote:
               | Problem with the passport card is it requires me to send
               | my existing passport for several weeks. In the event of a
               | government shutdown I'd be SOL.
               | 
               | REAL ID is plausible but I don't really trust it, given
               | that illegal immigrants can get identity cards in my
               | state.
        
               | alephnerd wrote:
               | > I don't really trust it
               | 
               | REAL ID is a bare minimum. It shows that you at least
               | have legal residency.
               | 
               | FWIW it's trusted by DHS so that's all that matters for
               | your usecase or assumption.
               | 
               | If you are worried about the risk of being hauled by ICE,
               | then you should get a REAL ID.
               | 
               | > it requires me to send my existing passport for several
               | weeks
               | 
               | Last I remember, you can do it in person.
               | 
               | Here are the passport offices -
               | https://travel.state.gov/content/travel/en/passports/get-
               | fas...
               | 
               | > In the event of a government shutdown
               | 
               | The US Passport Office remains open during the commonly
               | termed "government shutdowns"
        
               | int_19h wrote:
               | It is, but only the "Jan 21" part.
               | 
               | https://en.wikipedia.org/wiki/Deportation_of_Americans_fr
               | om_...
        
           | n144q wrote:
           | Funny I see this kind of misguided comments all the time.
           | 
           | Their immigration policy is never only about illegal
           | immigration. Do you actually think it is possible to tighten
           | immigration policy without affecting H1B?
           | 
           | If you need evidence, just look at what happened between
           | 2017-2021. H1B denial & RFE rates were way up, and the
           | administration tried multiple times to roll out policy that
           | significantly restrict the eligibility of H1B visas. They
           | even used coronavirus as an excuse to issue travel bans on
           | H1B. How is that making legal immigration easier?
        
           | ashconnor wrote:
           | Read the RAISE Act if you think that the incoming
           | administration is going to be easier on legal migrants.
           | 
           | https://en.wikipedia.org/wiki/RAISE_Act
        
         | ajsidncjcnbd wrote:
         | Trump has said he'd like to "staple green cards to diplomas".
         | Despite what the media portrays, he's not pro American, pro
         | white, pro nazi, whatever.
         | 
         | He's owned by a different slice of the parasitic ruling class
         | that, while opposed to some of the goals the Biden admin was
         | for, still share a common theme of not caring about the average
         | American at all. He has probably the most pro Israel cabinet
         | we've ever seen and appears to be cozying up with big tech
         | (thiel, musk, zuckerberg, etc).
         | 
         | If he was truly pro American H1-B would be thrown out and we'd
         | require these companies that are wildly profitable to invest in
         | educating American workers. H1-B is used to exploit both
         | foreign and domestic labor to the benefit of a tiny population
         | of capital holders.
        
           | creer wrote:
           | Wouldn't attaching green cards - or at least temporary work
           | permits - to US university degrees be a positive change
           | compared to employment agencies / contractor firms trying to
           | sneak in piles of people without such degrees and screening?
           | That would be a good response to the issue of training
           | (ideally) highly qualified smart people and then kicking them
           | out.
        
             | laidoffamazon wrote:
             | Except he was president for four years and did the opposite
             | - remarkable that people want to forget 2017-2021
        
               | creer wrote:
               | There is that. And the idea of trying to retain new grads
               | would already have worked 30 years ago and yet here we
               | are.
        
           | cma wrote:
           | Didn't Trump try to prevent even _greencard holders_ from
           | returning if they were from overseas from the wrong religious
           | area of the world, after promising a Muslim ban? And was then
           | only stopped by courts? Or am I misremembering that?
        
             | laidoffamazon wrote:
             | Yes, he did, it affected greencard holders for a brief
             | period because it was a poorly designed idea thought up by
             | malicious and stupid people.
        
           | bdangubic wrote:
           | > If he was truly pro American H1-B would be thrown out and
           | we'd require these companies that are wildly profitable to
           | invest in educating American workers. H1-B is used to exploit
           | both foreign and domestic labor to the benefit of a tiny
           | population of capital holders.
           | 
           | This is exactly right and exactly why Trump won't do anything
           | about it... when you surround yourself will billionaires
           | you'll want to make this that this tiny population of capital
           | holders prospers even further :)
        
         | root_axis wrote:
         | Unlikely. Elon heavily favors more H1-Bs. If they roll it back,
         | they'll introduce their own version that is even more favorable
         | to those that gain by suppressing tech worker salaries.
        
       | umanwizard wrote:
       | What does this change, if anything, for software engineers at
       | FAANG and similar companies?
        
         | Cerium wrote:
         | This is key: "Flexibility to start working immediately upon
         | petition filing"
         | 
         | Currently workers are often abused since the system puts
         | intense pressure to keep a job and don't move around.
        
       | throwaway48476 wrote:
       | I expect a lot of H1B applicants creating shell corporations.
        
         | roughly wrote:
         | Well, they've passed the "culture" part of the citizenship
         | test, then
        
           | throwaway48476 wrote:
           | H1B isn't citizenship.
        
             | roughly wrote:
             | I'm aware.
        
         | binarymax wrote:
         | From what I understand you also need to be able to pay yourself
         | a $60,000 salary minimum, from that LLC. If people can do that,
         | then power to them and let them stay!
         | 
         | If you're worried about people shortcutting a line to get a
         | visa by injecting money into the US economy, again by somehow
         | getting 60K into the LLC to pay the salary of the recipient,
         | this is also a win.
         | 
         | So what is the problem here exactly?
        
       | jpollock wrote:
       | Allowing spouses to work on a H4 visa is a HUGE change.
       | 
       | It was a big problem for our family.
        
         | itissid wrote:
         | And obama made that happen in his last days in office in Dec
         | 2015/Jan 2016
        
           | jpollock wrote:
           | I thought that was specifically for when you were waiting for
           | the residency permit, not a random H4.
        
         | vsskanth wrote:
         | Spouses on H4 cannot work unless the primary H1B has an
         | approved I-140 immigrant petition. It's not automatic.
        
       | fakedang wrote:
       | Seems like the current admin trying to stuff all the laws right
       | in time for the next admin to dismantle...
       | 
       | Oh no, the 50% rule won't be exploited sir.
        
         | autoexecbat wrote:
         | I hope it says that they _remain_ above 50%
        
       | frgtpsswrdlame wrote:
       | Regarding this part:
       | 
       | Clarification of specialty role                 - Less strict on
       | the direct link between degree/job responsibilities            -
       | Recognizes that AI may require multiple academic background
       | 
       | You really won't need to clarify whether the role is a specialty
       | one or not if you just increase the minimum wage for H1Bs. I
       | really don't know why we don't have some rule that pins H1B wages
       | to like the 90th percentile wage.
        
         | bombcar wrote:
         | It would be exceptionally easy to solve the "H1B problem" by
         | making sure that H1Bs are more expensive than local talent;
         | then they really only would be used when local talent doesn't
         | exist.
        
       | richwater wrote:
       | Yet even more ways for corporations to underpay native, domestic
       | workers.
        
         | physhster wrote:
         | How so?
        
           | hgs3 wrote:
           | It's supply and demand economics: if there is a low supply of
           | workers and a high demand for them, then employers are
           | supposed to compete for them with more pay, more benefits,
           | training/education, etc. When the supply of workers is
           | artificially increased, then companies have less incentive to
           | compete. It becomes a buyer's market for employers.
        
             | ritcgab wrote:
             | > if there is a low supply of workers and a high demand for
             | them
             | 
             | Employers outsource all those works to overseas.
        
               | throwawa14223 wrote:
               | Then throw them in prison?
        
               | syndicatedjelly wrote:
               | For what?
        
               | bradlys wrote:
               | They've said this for decades and SV engineers still
               | pulling down $500k+/yr while someone in Hyderabad isn't
               | making anywhere close to that.
        
       | nosequel wrote:
       | > Roles tied to research institutions cap-exempt
       | 
       | And in comes a flood of "Research Software Engineer" roles
        
         | cflewis wrote:
         | Yeah, I wonder what that is going to ground out to. With the AI
         | race, basically anything tangential is research, at least in
         | the definition of "doing something scientific-looking that's
         | not been done before". That could include a _lot_ of companies
         | from massive to tiny.
        
       | crmd wrote:
       | It's never been clear to me why this program exists in the first
       | place, other than to put downward pressure on US STEM wages. What
       | am I missing?
        
         | creer wrote:
         | You are missing that it is used a lot in spite of that process
         | (1) being a major administrative headache for the users, both
         | employees and employers, (2) costly compared to hiring "locals"
         | although that's moderated by perhaps lower salary with not a
         | huge amount of evidence, and (3) rather unpredictable and risky
         | for both employees and employers.
         | 
         | You don't see the need but perhaps the users do.
        
         | whatshisface wrote:
         | Hypothetically it exists to allow companies to hire singular
         | overseas experts like von Braun or Einstein that don't have
         | domestic equivalents. It has become totally accepted to lie on
         | the application though and now it is used to hire Java
         | developers.
        
           | mportela wrote:
           | I believe that's the O-1 visa, not the H-1B.
        
             | whatshisface wrote:
             | That's a sign of how accepted it has become to say that you
             | can't find any local workers that know Python when filling
             | out the H1-B forms. The requirement is there but it's
             | normally overlooked.
             | 
             | "The intent of the H-1B provisions is to help employers who
             | cannot otherwise obtain needed business skills and
             | abilities from the U.S. workforce [...]"
             | 
             | https://www.dol.gov/agencies/whd/immigration/h1b
        
               | rbanffy wrote:
               | At some point it becomes "couldn't obtain the required
               | talent at the prices the business was willing to pay".
        
           | strongpigeon wrote:
           | That is incorrect. People with exceptional abilities are
           | covered under EB-1 green cards (and O-1 visas). H-1B was
           | created to bring people in specialty occupations requiring a
           | bachelor's degree or equivalent experience. A Java developer
           | definitely meets the bar (with the right degree or
           | experience).
        
             | whatshisface wrote:
             | It's impossible to truthfully state on an H1-B form that
             | the US labor market can't provide an experienced Java
             | developer.
        
               | strongpigeon wrote:
               | That is correct, but tangential to the original point of
               | extraordinary abilities.
               | 
               | But it's also possible to say that one hasn't been able
               | to find a skilled-enough Java developer.
        
               | risyachka wrote:
               | True, but at the same time immigrants have nothing to
               | lose and everything to gain, thus in many cases they will
               | work harder/longer and as result often be more skilled
               | than an average developer.
               | 
               | And in general skilled immigration has many times over
               | been proven to only benefit the country and that java
               | developer you mention.
        
           | returningfory2 wrote:
           | This piece of misinformation seems to be trotted out every
           | time H-1B is discussed. H-1B is not for "extraordinary
           | ability", the O-1 is. The H-1B is just designed for regular
           | workers in a "specialty occupation". This is how Congress
           | designed it in the Immigration and Nationality Act.
        
         | remarkEon wrote:
         | You're not missing anything. Other than that, seemingly, STEM
         | roles are the only industry where the laws of supply and demand
         | do not apply, and a positive supply shock of something does
         | not, for some reason, drive down the price.
        
           | jandrese wrote:
           | If a supply shock doesn't drive down the price then it
           | suggests that the supply constraint was larger than than the
           | shock and that the market was being artificially constrained
           | to prevent the prices from rising to meet demand.
        
             | InsideOutSanta wrote:
             | It's also possible that the supply itself is what creates
             | more demand. People who move to the US are probably less
             | risk-averse than the average person, and more likely to
             | start new companies, creating more jobs.
        
             | remarkEon wrote:
             | So in other words, yes, for whatever reason tech is this
             | special case that doesn't apply anywhere else and supply
             | shocks don't matter.
             | 
             | An odd claim, wish there was more evidence for it being
             | true. As in, what is the "artificial constraint" for front
             | end web developers?
        
           | sunshowers wrote:
           | Have you engaged with the Card vs Borjas literature at all?
           | We learn about the world by studying it, not by simply
           | thinking about it from one's armchair.
        
             | remarkEon wrote:
             | No, and after that brief description I definitely won't.
             | 
             | You learn about the world by living in it, not by reading
             | about it.
        
               | sunshowers wrote:
               | Indeed, you are part of the grand American tradition of
               | reveling in ignorance.
        
           | Aperocky wrote:
           | STEM roles already pay incredibly well in this country, and
           | even more so if you compare it globally.
           | 
           | What is the downward price shock you're talking about? What
           | do you think the salary would or should be, assuming all H1B
           | worker are magically gone the next day?
        
         | renewiltord wrote:
         | The program exists to get skilled workers into the US. It has
         | done this well. There are few other programs to get them in and
         | onto a pathway to permanent residence and citizenship. STEM
         | wages don't exist in a vacuum. Increased utility to the US
         | economy is more important than them. The US government
         | rightfully determined that having people like Elon Musk here
         | makes this nation more competitive. Likely the effect was also
         | to increase software engineering compensation but that's harder
         | to tell.
        
         | strongpigeon wrote:
         | It's enabling companies to bring highly skilled individuals to
         | work in the USA rather than having them open offices in other
         | countries.
        
           | carlosjobim wrote:
           | If it's about urgently needed skills, then anybody who has a
           | H-1B visa is of course the highest paid worker in his or her
           | company. Right?
        
           | margorczynski wrote:
           | That's how it is marketed to the masses. From what I hear
           | from many US citizens it actually looks quite different in
           | reality.
        
             | dilyevsky wrote:
             | The reality is US is a tech powerhouse, many successful
             | companies have been started by former h1b holders and US
             | tech workers are highest paid in the world (even PPP
             | adjusted). What you're hearing is not the reality - it's
             | just vibes.
        
           | rbanffy wrote:
           | For the "highly skilled" there's the O-1 visa.
        
             | 0x457 wrote:
             | Not really, O-1 is essentially a visa to bring a specific
             | person to the US. While H1B is a wide net (yes, visa given
             | to a specific person, not what I'm saying).
             | 
             | o-1 is to bring Albert Einstein and h1b is to bring some
             | physicist that matches criteria.
             | 
             | As in, O-1 is person-focused, while H1B is role-focused.
        
               | nirav72 wrote:
               | >h1b is to bring some physicist that matches criteria.
               | 
               | those are exceptional cases. The majority of the 65K year
               | h1b visas granted every year are for filling IT related
               | positions. Mostly dev related positions.
        
               | 0x457 wrote:
               | I only used physicist because I couldn't come up with a
               | name for O-1 recipient that isn't already a US citizen
               | from top of my head.
        
         | jonny_eh wrote:
         | Global competition exists. If US companies can't hire the best,
         | others will. I hope you don't assume that all the best
         | workers/researchers are born within US borders.
        
           | vouaobrasil wrote:
           | I don't think countries should hire the best. Pretty good
           | should do. They should foster a greater sense of community
           | within their borders. Now, I'm not against immigration. I
           | myself am an immigrant. But I think there's too much global
           | fluidity and not enough attention paid to taking care of
           | one's own.
        
           | throwaway48476 wrote:
           | The best people are in no small part a product of their
           | environment. You can have the best people but with no
           | resources they won't be productive.
        
         | s1artibartfast wrote:
         | You are mixing up purpose and effect. The purpose is to provide
         | more and cheaper STEM workers. The effect is downward pressure
         | on wages.
         | 
         | Phrased differently, the goal is to help industry, not hurt
         | workers. Hurting some workers is an acceptable cost, not the
         | goal.
         | 
         | One idea is that having a thriving industrial ecosystem helps
         | those same workers more than the downward pressure.
        
           | InsideOutSanta wrote:
           | As somebody who does not live and work in the US, it seems
           | plausible to me that the H1B system helps prevent other
           | countries from obtaining similar talent hubs as Sillicon
           | Valley. A lot of the talent is in the US, which attracts more
           | companies, which attracts more talent, which means it's
           | easier to go to the US and work there and start companies
           | there than to do it anywhere else.
        
             | rbanffy wrote:
             | There's also the easier financing, but yes - I'm sure the
             | outcome is dominated by the network effect of having denser
             | talent. That's one of the reasons Silicon Valley is so hard
             | to replicate elsewhere.
        
           | tssva wrote:
           | If the purpose is cheaper STEM workers than downward pressure
           | on wages is a goal and not just an effect.
        
             | s1artibartfast wrote:
             | The goal isnt to hurt workers for its own sake. The goal is
             | to help industry.
             | 
             | If harm was the goal, something like a STEM worker tax or
             | cutting R&D tax incentives would be easier.
        
               | danans wrote:
               | > If harm was the goal, something like a STEM worker tax
               | or cutting R&D tax incentives would be easier
               | 
               | These would affect all STEM workers equivalently. The
               | H1-B program, whatever one thinks of its merits, hurts
               | domestic STEM workers and helps immigrant STEM workers.
               | 
               | Perhaps the result is that the overall opportunities are
               | greater because the larger talent pool results in more
               | companies being formed. That depends a lot on how mature
               | the industry is, and whether technological trends like
               | generative AI will replace large swaths or STEM workers
               | altogether.
        
               | rbanffy wrote:
               | This argument is kind of "I'm going to extract all your
               | blood, but it's not to kill you, but to increase my
               | profits".
               | 
               | You can't really separate the two sides of the same coin.
        
               | s1artibartfast wrote:
               | I think you can exactly separate them. One is the goal,
               | and the other is the effect.
               | 
               | Im not extracting all your blood for the fun of it, or to
               | kill you. profit is the motivation.
               | 
               | Saying the motivation is to kill you is simply not
               | correct. It is a byproduct.
        
           | danans wrote:
           | > phrased differently, the goal is to help industry, not hurt
           | workers. hurting some workers is an acceptable cost, not the
           | goal.
           | 
           | The phrase "help industry" has many dimensions. The simplest
           | of course is that by increasing labor supply and suppressing
           | wages it increases profit margins, rewarding shareholders.
           | 
           | Another important function is that by having more workers
           | overall in the US, it increases the productivity of the
           | domestic industry itself, due to increased competition for
           | jobs driving up the productivity of the average worker. This
           | in turn makes the industry more competitive vs its
           | equivalents in other countries.
           | 
           | The average worker (whether permanent resident or
           | temporary/H1B) who doesn't have significant investments
           | likely doesn't receive much of those productivity gains,
           | since they mostly go to capital owners.
           | 
           | Long term, it boosts returns to capital while capping returns
           | to labor, the same trend noted by Thomas Piketty some years
           | back.
        
             | s1artibartfast wrote:
             | I dont think there long term impacts are so clear or
             | cynical. the question is less about productivity, but
             | network effect, number of jobs, and quality of jobs.
        
               | danans wrote:
               | > I dont think there long term impacts are so clear or
               | cynical
               | 
               | The economic impacts I described are looking backwards,
               | not forward, and the data is pretty clear that long term
               | returns on capital swamp the returns on labor (especially
               | since the 1970s). STEM workers have been somewhat
               | insulated from that due to the industries they work in
               | growing in the past few decades faster than the labor
               | supply. It's anyone's guess whether or not either trend
               | will continue into the future.
               | 
               | > the question is less about productivity, but network
               | effect, number of jobs, and quality of jobs.
               | 
               | I'd argue productivity and returns to capital are almost
               | everything when it comes to what informs immigration
               | policy from an economic lens. "Network effect" is a
               | mechanism, not an outcome, and outcome metrics like
               | "quality of job" or even "quality of life afforded by a
               | job" are not a concern of such policies. On average, they
               | might improve, or they might get worse, but productivity
               | and returns on capital will always go up, whether they
               | require workers or not.
        
               | s1artibartfast wrote:
               | I understand that you are trying to make a point about
               | return on capital, but I dont understand how you are
               | connecting it to the question of H1-B visas and if local
               | benefits to industrial expertise outweigh the downward
               | pressure from labor competition.
        
               | danans wrote:
               | > I dont understand how you are connecting it to the
               | question of H1-B visas and if local benefits to
               | industrial expertise outweigh the downward pressure from
               | labor competition.
               | 
               | Because what you are calling "local benefits to
               | industrial expertise" is ultimately realized in the form
               | of returns on capital.
               | 
               | Whether these benefits outweigh the costs is an open
               | question.
               | 
               | When the tech industry's growth was very talent
               | constrained as it was in the last few decades, arguably
               | opening labor competition had the effect of increasing
               | overall growth (mainly through new production invention).
               | The list of immigrant technologists who have created new
               | technologies and products - and jobs as a result - could
               | probably fill an encyclopedia.
               | 
               | It's unknown whether that type of growth - the kind that
               | creates more and better jobs - will continue, especially
               | given recent developments in AI.
               | 
               | If the benefits going forward are largely going to be
               | based on massive increases in labor efficiency, then it's
               | not as clear that the benefits (mostly to capital)
               | outweigh the costs (mostly to labor). Most business
               | models in AI are predicated on replacing people, who are
               | expensive, not making more or better goods. Sure, we'll
               | get some neat robots along the way that actually make
               | stuff, but that will likely be a small fraction of the
               | money to be made.
               | 
               | Or perhaps we are at the dawn of a new era of technology
               | which will make more and better jobs. We'll see.
        
               | s1artibartfast wrote:
               | OK, so you were changing the topic to something else you
               | wanted to talk about. That was not clear to me. I thought
               | you were making a rebuttal to what I was saying.
        
         | HDThoreaun wrote:
         | The US owes much of its success to its ability to poach talent
         | from other countries. By letting all the people who would start
         | competing firms move to the US instead international
         | competition is reduced and the products built in the US are
         | better.
        
         | BeetleB wrote:
         | Software is one of the few STEM fields where one can get a
         | fantastic job with just a Bachelor's. In most other engineering
         | fields, a MS gives you a significant boost, and a PhD may do so
         | as well.
         | 
         | The reality is that in most of those fields, few Americans get
         | an MS/PhD. Go to a typical engineering department and you'll
         | often see the majority of advanced degree students are
         | foreigners.
         | 
         | So it's a question of: Do we want to continue to train
         | foreigners, only to not have them contribute to the US economy?
         | 
         | If you move out to the pure sciences, you pretty much need a
         | PhD to get a good career. Once again, a big chunk, if not the
         | majority, are foreigners.
         | 
         | Look around at the highly skilled folks you see who are not of
         | US origin, and you'll find most of them are in the US due to
         | the H1-B program (only a tiny percentage come via other
         | programs like the O visa).
         | 
         | Yes, H1-B is often abused, but this is the reason it exists.
         | It's a lot harder to get an H1B visa and then permanent
         | residency if your degree is in the humanities, for example.
        
           | memtet wrote:
           | Ooh yes, let's address next how US top universities are all
           | profit machines incentivized to take as many foreigners as
           | possible, driving up the tuition they can charge so US
           | citizens can't afford to get degrees. Let's do talk about how
           | if you get a part time job to be able to pay for college then
           | they yank your financial aid.
        
             | rbanffy wrote:
             | Why taking in foreign students raises the cost of tuition?
             | Aren't they paying full price for it?
        
             | BeetleB wrote:
             | While foreigners definitely are a cash cow, I think you'll
             | find in STEM fields most foreign PhD students are _not_
             | paying tuition, but are instead funded by US grants.
             | 
             | As for the cost of tuition, there are many, many reasons,
             | and I suspect if you did a PCA, you'll find "raising
             | tuition to milk foreigners" to be of minimal impact.
             | 
             | In my state, for example, a local university publicized
             | their finances going back decades, and the increase in
             | tuition has been mirrored by a drop in state support per
             | student. Overall the university is not making more money
             | per student than they were 30 years ago - the only thing
             | that changed is the entity making the payments.
        
           | bradlys wrote:
           | Isn't it well known that the main reason that most foreigners
           | have advanced degrees is because that's how they get into the
           | country legally in the first place?
           | 
           | I don't see many people getting employed straight out of
           | undergrad from India or China and moving to the US directly.
           | They get their advanced degree here first to get into the
           | country then they get employed...
        
             | BeetleB wrote:
             | > Isn't it well known that the main reason that most
             | foreigners have advanced degrees is because that's how they
             | get into the country legally in the first place?
             | 
             | Yes, and ...?
             | 
             | I mean, if it were a requirement to start a business and
             | employ 10 Americans gainfully, would you go and say "Yeah,
             | but the reason so many foreign born people do that is so
             | they can get in legally."
             | 
             | So?
             | 
             | As long as they have higher level training than most
             | Americans, and as long as we spend money training them (via
             | research/teaching grants), isn't it a good idea to keep
             | them?
        
               | bradlys wrote:
               | You're assuming people are really learning anything in
               | those programs that they wouldn't have had in their
               | undergrad. I've never met an American with an undergrad
               | who is underperforming compared to their foreign MS
               | counterparts. The MS is merely a cheaper tool to get into
               | the country than other investment visas plus you get
               | credentialed. I think it's also a bit of a validation
               | tool that the person actually has studied at the same
               | level as US counterparts. I have met some people from
               | India who were surprised at how difficult college was
               | when they came to the US compared to back in India.
        
               | throwaway48476 wrote:
               | I was surprised at how easy college was in India when I
               | saw the coursework.
        
           | stackskipton wrote:
           | I think vast majority of Americans not going on to higher
           | education is because system is so screwed up due to debt and
           | unlimited student visas.
           | 
           | Debt means most Americans go "I need to enter into the job
           | market so I can pay off these debts".
           | 
           | Also, alot of foreign students are willing to work/study
           | insane hours because visa hanging over their head. I have a
           | friend who got MS in Engineering but didn't want to continue
           | because he looked at what's required and started talking with
           | his mentor about his PhD. His mentor said it's 996 schedule
           | and if you don't want to, I can likely find a student visa
           | student who will.
        
         | breadwinner wrote:
         | US tech exports in 2018 was $338 billion. Tech is our biggest
         | export by far. Think of the US tech industry as a siphon that
         | sucks in wealth from foreign countries. Would you want to make
         | that siphon bigger or smaller?
         | 
         | If you want to make that siphon bigger -- and more competitive
         | -- how would you do it? By limiting the people that can work in
         | tech to whoever companies can hire locally, or by bringing in
         | the smartest people from around the world?
         | 
         | Read more: https://mckoder.medium.com/does-america-need-
         | immigration-781...
        
           | PessimalDecimal wrote:
           | Does "The US" siphon that money off? Or Meta, Google, Amazon,
           | Microsoft, etc. siphon that money off? And where and to whom
           | does it go from there?
           | 
           | The major benefit of reducing or eliminating the H1B visa
           | program is that those companies can continue to do well, and
           | Americans can do well along with them.
        
             | strongpigeon wrote:
             | Restricting or eliminating the H1B visas will cause these
             | companies to hire more in oversea offices. Consulting
             | companies however are a whole other deal.
        
               | tartoran wrote:
               | Why aren't they doing that now though?
        
               | dilyevsky wrote:
               | Because the talent is already here or will be here (on
               | h1b/o1). It's common complaint I hear from people doing
               | offshore consultancies type of businesses that their best
               | workers leave for US $$$ paycheck.
        
               | strongpigeon wrote:
               | They are to an extent.
        
             | breadwinner wrote:
             | The money this siphon brings in is benefiting not just tech
             | workers and tech shareholders. When the money is spent it
             | turns the wheels of our economy, which leads to prosperity
             | for all Americans, not just the 8% or so that work in tech.
             | 
             | The tech industry vacuums up money from foreign countries
             | and pumps it into the economy of our country. The
             | beneficiaries include all Americans, including those who
             | work in restaurants, retail, healthcare, insurance,
             | education, housing, transportation, entertainment and so
             | on.
             | 
             | Limiting tech industry to whoever companies can hire
             | locally will hurt its global competitiveness. Such a move
             | will not just hurt the few would-be tech immigrants that
             | are prevented from immigrating, but American prosperity in
             | general.
        
               | tartoran wrote:
               | When is that prosperity coming to the US? It seems that
               | it's been leaving the US for the past decades and life is
               | harder and harder and the American Dream is hardest to
               | attain in decades.
        
               | throwaway48476 wrote:
               | What you are referring to is the velocity of money.
               | Compared to wage income the velocity of money from
               | capital is quite low.
        
             | jimberlage wrote:
             | Thanks for adding this - I feel like people who can't
             | understand why populism is at it's peak misunderstand this.
             | 
             | Walmart is a U.S. company that historically did well, but I
             | don't see why anyone would care unless you buy their stock
             | or live in Bentonville.
             | 
             | People don't care about macro indicators that lump the 1%
             | and the 99% together.
        
             | DragonStrength wrote:
             | I'd like to see some geographic restrictions. Sure seems
             | like certain states are reaping the benefits of all these
             | smart immigrants while creating policies which
             | disincentivize having families. That these workers can
             | never vote, essentially, yet count to census data points
             | even more to the winners in the scheme ignoring the losers.
        
         | whereismyacc wrote:
         | you can grow the sector. there's not a fixed supply of jobs.
         | getting more talented people into your economy will likely just
         | lead to more companies, more agglomeration effects etc. it's
         | good.
        
         | idontwantthis wrote:
         | I think you should ask why any feature of our immigration
         | system exists. Each way is cruel, byzantine and expensive for
         | no discernible benefit to anyone except the directors of those
         | programs.
        
         | rbanffy wrote:
         | It's also designed to attract talent from other countries. You
         | didn't have to invest in their education, so that part comes
         | for free.
        
         | sunshowers wrote:
         | Education. Learning. Expertise.
         | 
         | As Asimov pointed out, "[t]here is a cult of ignorance in the
         | United States, and there has always been." American culture is
         | profoundly anti-intellectual. Every Dunning-Kruger rando thinks
         | they have something valuable to contribute to every discussion.
        
         | eweise wrote:
         | That's exactly the reason. I don't remember working with any
         | H-1B visa people in the 90s then the dotcom boom happened and
         | demand soared. A couple years later I started working with H-1B
         | engineers and my salary flatlined for over decade since.
        
         | outworlder wrote:
         | The program exists to brain drain other countries of talent.
         | It's very successful at that.
        
           | bdangubic wrote:
           | 65k or 80k or say even 250k GLOBALLY per year is going to
           | "brain drain" 8+ billion Global population? Yup, you got it,
           | that's what US is doing...
        
             | 0x457 wrote:
             | What make you think that majority of that 8 billion
             | population is worth to drain?
        
               | bdangubic wrote:
               | nothing at all :)
        
               | 0x457 wrote:
               | I'm not saying it's good or bad at brain drain, I'm just
               | saying without knowing how many people overseas are worth
               | "draining" that's not an argument.
               | 
               | The program might have been designed for this, sold as
               | this, but it's definitely not used for that anymore.
               | 
               | H1B was created in 1990, that's when Russia (and ex-USSR
               | in general) had a lot of idle brains that wouldn't mind
               | moving to the US. Today isn't 1990 tho.
        
               | bdangubic wrote:
               | my apologies, I was just being sarcastic in my initial
               | comment... the brain draining other countries by taking
               | in 65k or whatever yearly is ... funny for the lack of
               | worse but respectable word :)
        
           | nirav72 wrote:
           | Bringing over 10K java developers a year is going to brain
           | drain other countries of java developers?
        
         | hector_vasquez wrote:
         | Put simply: It is in the national interest to have the world's
         | most talented technologists here. It is yet more in the
         | national interest that they work here, for us, and not for our
         | enemies. One of the best ways we can compete with China is to
         | attract their best and brightest with our free society and high
         | wages.
        
       | h1bgamer wrote:
       | This H1B program is gamed so hard its a joke at this point.
       | 
       | I personally witnessed someone that submit multiple applications
       | that this person won the H1B lottery. This person even had fake
       | office, fake business address, etc for the fake entities.
       | 
       | I already reported it, but no action has been taken. This person
       | is now happily employed in the US using H1B.
       | 
       | Unethical life pro tips but work: for those of you trying to get
       | H1B, just submit multiple applications to multiple "companies".
       | There are services like this out there, just need to find out
       | where.
       | 
       | Good luck. This nation is for plunder.
        
         | mksreddy wrote:
         | Didn't the rule change last year where all applications by same
         | person is considered as one?
        
           | h1bgamer wrote:
           | Yup but they actually can't check.
        
             | ashconnor wrote:
             | Erm they can. They are looking at passport numbers now.
        
             | n144q wrote:
             | Dude that's just not true. You need to submit almost every
             | single detail about yourself before the lottery, including
             | information on your passport. In fact this has dramatically
             | decreased the duplicate entries to H1B lottery.
        
         | JonoBB wrote:
         | According to https://news.ycombinator.com/item?id=42451726,
         | this is much less of a thing than before.
        
       | AcerbicZero wrote:
       | [flagged]
        
       | 999900000999 wrote:
       | I'd rather have H1-B visas be a 5 year unrestricted work permit.
       | 
       | America needs to keep attracting the world's best and brightest,
       | but linking it to a specific employer is problematic. Opens up
       | employees to mistreatment.
       | 
       | I'd say charge a straight up fee, 500k upon approval. That gets
       | you 5 years, if your wiz making 400k a year it's a great deal.
        
         | daveguy wrote:
         | If you're trying to get the best and brightest why would you
         | charge 500 thousand dollars?! I don't care what kind of wiz you
         | are, that's prohibitive.
        
           | 999900000999 wrote:
           | You need to already have means otherwise your out competing
           | the lower end of the tech sector.
        
         | mksreddy wrote:
         | I thought it is a terrible idea from first sentence. Last
         | paragraph completely changed my mind.
        
         | jandrese wrote:
         | I hate that it is time restricted at all. Just make it a green
         | card program with a path to citizenship outright. Brain drain
         | the rest of the world. Instead we are providing work experience
         | to our future competitors.
        
           | aylmao wrote:
           | I worked many years under H1B, but moved out of the USA.
           | Unsure if I'll come back, technically I still have time on my
           | H1b, but man, it's just so stressful to lay roots knowing
           | they're conditional on all sorts of ticking clocks and hoops
           | to jump.
           | 
           | I like working at early stage startups-- works pretty well
           | with H1B but it makes the process of getting a green card via
           | work complicated. Some people can deal with all that stress,
           | I just rather not.
        
         | remram wrote:
         | If you need to already set up the business that can generate
         | 500k in your home country before coming here, you do the
         | opposite of bringing value and innovation to the US. You have
         | already given most of that to the home country.
        
           | aylmao wrote:
           | I suspect most people that have a business that can generate
           | $500k in their home country probably wouldn't want to move to
           | the USA at all.
           | 
           | Unless their business generates way more than $500k, in which
           | case they'd probably be moving as businessmen, not as skilled
           | workers.
        
         | bastardoperator wrote:
         | Are we actually doing that though? I managed H1-B employees at
         | Verizon and honestly it felt like a scam. They weren't the best
         | and brightest despite being awesome people in general, and they
         | were also getting exploited by the company in terms of
         | compensation. The only one benefitting seemed to be Verizon.
        
           | whereismyacc wrote:
           | would they have preferred not being able to live/work in the
           | US at all?
        
             | bastardoperator wrote:
             | I would have preferred for a multi-billion dollar company
             | to use the H1-B program as intended and to pay an American
             | wage to someone living and working in America.
        
         | codegeek wrote:
         | "charge a straight up fee, 500k upon approval."
         | 
         | There is already a work visa for that called EB5 even though
         | the requirement is $1M (800K for rural areas) and you will need
         | to hire 10 American workers. Plenty of rich people from other
         | countries are using that already.
        
       | hparadiz wrote:
       | The biggest loop hole for not being allowed to hire non citizens
       | or permanent residents is not the H-1B. It's actually B2B
       | contracts that have absolutely no restrictions what so ever.
       | 
       | At least the H-1B lets us keep some tax revenue.
        
       | 29athrowaway wrote:
       | The new administration will likely reform USCIS around
       | eligibility criteria rather than speed of processing and these
       | reforms will be undone as quickly as Mayorkas is gone.
        
       | DataDaemon wrote:
       | I wonder how many people will move from socialism & bureaucracy
       | Europe to the US.
        
         | varjag wrote:
         | Approximately none on top of the usual migration patterns.
        
         | Eumenes wrote:
         | Vast majority of H1bs are from India, and China. Only a few
         | hundred per year from EU countries.
        
       | kqgnkqgn wrote:
       | Seem like sensible changes, though more is still needed.
       | Requiring H1B holders to leave the country to renew paperwork is
       | an insane anachronism. The per-country caps also seem like a
       | throwback to the early 1900's era immigration exclusion policies.
       | 
       | Re: the concerns over "immigrants taking our jobs!". As a native-
       | born American working in a large tech company today - the threat
       | is very clearly not from H1B's and other visas. The threat to
       | American tech jobs is when US tech companies choose to build out
       | offices in lower cost of living countries (and I'm very much
       | including Europe in that, I think that's even a bigger problem).
       | 
       | It's much much better for America if tech companies hire workers
       | in the US, regardless of whether they are citizens. Americans are
       | eligible for those jobs, and that money stays within our economy.
       | Versus employing workers elsewhere, where American's can't easily
       | be hired, and those resources leave the US.
       | 
       | If we want to keep opportunities here - that's the issue we
       | should be focus on fixing. What regulatory steps could we
       | advocate for that would address this risk? Immigration is the
       | wrong problem, and the focus on that in certain populist circles
       | really demonstrates they are rather out of touch from what's
       | actually happening in the industries that are driving the US
       | economy today.
        
         | Threadbare wrote:
         | Following the sun is a win, faster project delivery and lowered
         | cost of development
        
           | kelnos wrote:
           | Follow the sun is great for on-call rotations, but I'm my
           | experience, for regular project work, the need for a handoff
           | each day ends up being too much overhead. The teams in vastly
           | different time zones wind up working mostly independently on
           | completely different projects.
        
           | rbanffy wrote:
           | It brings its own set of communication and cross-cultural
           | challenges.
        
           | pdntspa wrote:
           | That's for stuff that requires 24/7 support, not some
           | harebrained project management technique that will make all
           | your teams hate you
        
         | akira2501 wrote:
         | > to leave the country to renew paperwork is an insane
         | anachronism.
         | 
         | I always took it as a means of proving they still could return
         | somewhere if necessary. Which is a reasonable thing to assure
         | on a visa.
        
           | kelnos wrote:
           | That's pointless. They need to prove they have somewhere to
           | return to while regretting their visa that lets them... not
           | return there? Dumb.
           | 
           | Ultimately it just wasted time and money, and causes lots of
           | stress, for no useful purpose.
        
             | akira2501 wrote:
             | It's a visa. The whole point is that it's not permanent and
             | you are ultimately expected to return home permanently. You
             | may also be asked to leave at any time. It's reasonable for
             | the host nation to want to ensure that outcome is still
             | available and that someone hasn't actually fully emigrated
             | here with no options for return.
             | 
             | Ultimately it's known to anyone who applies for a visa that
             | this will be the requirement, and so, if they don't want
             | the economic opportunity of working in the US, they're free
             | to avoid the stress and just stay in their home nation.
        
               | cyberax wrote:
               | > The whole point is that it's not permanent and you are
               | ultimately expected to return home permanently.
               | 
               | No. H1b is a "dual intent" visa. It's expected that you
               | will file for a permanent residence while on this visa.
        
               | bdangubic wrote:
               | > It's a visa. The whole point is that it's not permanent
               | and you are ultimately expected to return home
               | permanently
               | 
               | probably do not have to tell you this but not all visas
               | are created equal... this one is particular is a dual-
               | intent visa so what you are saying applies to SOME visas,
               | just not this one :)
        
         | rbanffy wrote:
         | > It's much much better for America if tech companies hire
         | workers in the US
         | 
         | I used the same argument in Brazil to support a strong free
         | software preference in all government functions. Support from
         | voters in Redmond wouldn't get anyone re-elected in Brazil.
        
           | fmeyer wrote:
           | Then we got RedHat using the same strategy to sell support
           | for the government :D
        
         | remarkEon wrote:
         | >It's much much better for America if tech companies hire
         | workers in the US, regardless of whether they are citizens.
         | Americans are eligible for those jobs, and that money stays
         | within our economy. Versus employing workers elsewhere, where
         | American's can't easily be hired, and those resources leave the
         | US.
         | 
         | I want to pick on this point, because it's the general refrain
         | about this topic. If there is some thing that American workers
         | can't do in an in-demand field, and the government sets up a
         | system to allow non-citizens to do those jobs, most people will
         | say that this "helps" America. But does it? If the education
         | pipeline is inadequately preparing Americans for being
         | competitive in this in-demand field then perhaps _that_ is the
         | problem that should be addressed. Right now it feels like we
         | have a (highly suspect)  "labor shortage" that is addressed via
         | immigration, which doesn't send a signal back to the
         | educational/training infrastructure that they're doing
         | something wrong.
        
           | chabons wrote:
           | I don't have statistics, but given the student visa -> H-1B
           | pipeline changes, it would seem there are a number of H-1B
           | holders who are educated in US colleges (either at the
           | undergrad or graduate level). This indicates that the problem
           | is not entirely a training gap.
        
           | hash872 wrote:
           | The US is only 4% of the world's population, so there's an
           | enormous number of extremely smart people who live outside
           | its present borders. I don't think anyone believes that even
           | the world's greatest educational system can bring all of its
           | students up to an extremely high level of general
           | intelligence. We should be letting very smart people born
           | outside the US emigrate here, which is a win-win for everyone
           | involved
        
             | remarkEon wrote:
             | Sure. But the government of the United States is,
             | allegedly, there for the benefit of its citizens. I'm not
             | really following where this "should" comes from. "Should"
             | in what volume? "Should" over what time frame?
        
               | ThrowawayR2 wrote:
               | If you don't think that having Linus Torvalds as a US
               | citizen tremendously benefits the US public as a whole,
               | enough to offset any imagined downsides of a great many
               | merely average immigrating tech workers, there's nothing
               | more to be said. And that's just him alone but he is
               | merely one example of many other famous examples.
        
               | throwaway48476 wrote:
               | Linus works from home, he could do that from anywhere.
        
               | throwaway48476 wrote:
               | A national government functions as a labor union on a
               | national scale.
        
               | hash872 wrote:
               | Letting in a lot of smart people benefits the citizens of
               | the United States, that's why I said it's a win-win. Do
               | you think we'd be better off if we excluded Musk to hire
               | a native-born American instead in our aerospace industry?
               | 
               | Just going back in time, do you think the US would be
               | better off if we'd excluded Irish immigrants? Italians?
               | Germans? If blocking immigration somehow benefits native-
               | born citizens, you'd logically have to think our
               | population should have stayed the same as it was when we
               | broke away from Britain. We'd be about the size of say
               | Colombia, maybe with a bit higher GPD
        
               | vkou wrote:
               | > Do you think we'd be better off if we excluded Musk to
               | hire a native-born American instead in our aerospace
               | industry?
               | 
               | Given where he ended up, probably.
               | 
               | Cheap rockets are nice, but speed-running a complete
               | destruction of public trust, culture, and of any illusion
               | that the country is one with rule of law for the benefit
               | of a few insecure billionaire narcissists is a juice that
               | wasn't worth the squeeze.
        
               | remarkEon wrote:
               | The current immigration regime is still relatively _new_
               | , it is not as if it has existed for the entirety of the
               | existence of the United States. It's an artifact of the
               | late 20th century, and only just now accelerated in the
               | early 21st. That's barely a single generation. So, no, I
               | don't take it as a given that essentially limitless
               | immigration - even if loosely constrained on "high skill"
               | - is somehow axiomatically good for the United States.
        
               | hash872 wrote:
               | I'm a little confused. It's possible to be very pedantic
               | and say that the current immigration law only dates back
               | to the 60s, but the population of the United States is
               | 97.9% not from this continent. There was a wave of
               | British, Spanish, and French immigration in the 17th &
               | 18th centuries, followed by Germans, Italians, and Irish
               | in the 19th & 20th. In the 19th century the legal regime
               | about immigration was literally 'open borders', there
               | were hardly any legal controls at all. The vast vast
               | majority of us are the descendants of immigrants (my
               | apologies if you personally are 100% Native American,
               | didn't mean to lump you in)
        
         | BJones12 wrote:
         | > The per-country caps also seem like a throwback to the early
         | 1900's era immigration exclusion policies.
         | 
         | Canada does not have that and it is going very poorly. Lots of
         | people are calling for the implementation of the same policy.
        
           | aylmao wrote:
           | How is not having a per-country cap going poorly in Canada?
        
             | focom wrote:
             | Have you heard of Brampton?
        
               | aylmao wrote:
               | Nope, what's that
        
             | BJones12 wrote:
             | Because there are an overwhelming number of immigrants from
             | the same state (or two) in India.
        
               | aylmao wrote:
               | Is this bad due to the hypothetical loss of diversity?
               | ie, it'd be better if there were a mix of Indian,
               | Chinese, Brazilian, Mexican, etc immigrants, vs only
               | immigrants from a single state in India?
        
               | fourside wrote:
               | It'd be interesting to understand why immigrants to
               | Canada are disproportionately coming from a small number
               | of locations. Unless there's a good reason behind it I
               | think it's reasonable to find a better balance.
        
         | Hilift wrote:
         | > leave the country to renew paperwork is an insane anachronism
         | 
         | Not really. This is really Customs and Border
         | Patrol/Immigration way of saying, you can always do the
         | default/what everyone else does. You can leave and return six
         | months of the year. The key is leave (which they do), they are
         | already declared non-immigrant, and are self-sufficient.
        
           | outworlder wrote:
           | Not sure what you are talking about. This is about H-1B, aka
           | dual-intent visas. You can have immigrant intent.
           | 
           | Also, if you leave for six months, how are you even working
           | in the US? Which is the point of the visa.
        
         | cute_boi wrote:
         | The per-country caps is very important. Otherwise, you will see
         | flood of same people which makes everything biased.
        
           | xtreme wrote:
           | It's a policy based on unsound reasoning. Why is India
           | treated as a monolith when it is more diverse than the EU in
           | terms of linguistic and cultural diversity? If tomorrow India
           | magically broke off into 30 separate states, all the same
           | people who have been waiting for decades would be immediately
           | eligible for green cards. How does it make any sense?
        
             | bdangubic wrote:
             | H1B program is also diversity program, much like green card
             | lottery...
        
       | HarHarVeryFunny wrote:
       | A supposed shortage of qualified US applicants for tech jobs,
       | especially software developers, doesn't jibe with the huge
       | numbers of US developers currently looking for work, including
       | highly experienced older workers suffering from age
       | discrimination.
       | 
       | I'd be surprised if more than 5-10% of H-1B positions are ones
       | where the hiring company has even looked for US applicants.
        
         | toomuchtodo wrote:
         | There is a shortage of applicants willing to work at what
         | companies want to pay. If it is taking more than 30-60 days for
         | workers to find a role, there are enough workers domestically.
        
           | PittleyDunkin wrote:
           | > There is a shortage of applicants willing to work at what
           | companies want to pay.
           | 
           | That and companies are just hilariously bad at finding
           | workers they _want_ to hire for nebulous reasons. I have no
           | doubt even if my company hired 95% of the workers it had
           | marked down as  "no hire" they'd be able to squeeze a
           | salary's of value worth out of each of them (well, if
           | management is competent, which it tends to not be). I'm sure
           | those of us who've been around long enough can all attest to
           | some side of seeing form of this dysfunction. I'm more than
           | happy to reject them for selfish reasons, of course, like "I
           | don't want this person on my team" or "this person seems like
           | an asshole" or "I don't want to teach this person their third
           | language after java and typescript". Etc.
           | 
           | I mean there are _terrible_ interview candidates out there,
           | but the people who literally can 't code at all tend to be
           | easy to filter out.
           | 
           | I'm curious if there's any way to observe the salary margins
           | that separate the top of the labor market from the bottom.
           | Surely there are. That would probably give a big signal as to
           | how much undue attention is given to, e.g., Senior vs Junior
           | developers and American workers vs H1Bs. I'd put money that
           | some of this complaining about lack of labor is actually not
           | wanting to hire fresh grads and eat the cost of training when
           | they'd be just fine. (Also the H1B thing, but that's already
           | discussed to death)
        
             | throwaway7783 wrote:
             | Okay, I have interviewed hundreds of people in the last
             | decade, and I can tell you that _most_ are not good enough.
             | There are companies that are downright abusing H1B for wage
             | suppression, but as a startup founder, I will try my
             | hardest to avoid hiring people who I have to squeeze their
             | salary 's worth and still get mediocre results (nothing to
             | do with citizen or not - I had this experience with a
             | Canadian contractor - just not worth it).
             | 
             | I have been successful in liberating money from VCs and
             | create jobs, and I want the best people _that money_ can
             | buy. Turns out, there are great American and non-american
             | candidates who are willing to work for the money I can
             | offer. Also in my experience, I hardly even get resumes
             | from Americans for backend jobs. Frontend is different and
             | I get a LOT of American resumes. Our frontend engineering,
             | PS, CX, Sales and Marketing is all-american, and backend is
             | a mix of american, greencard, H1b - because thats all I get
             | in the resume pipeline.
             | 
             | If I have to cut costs, I will have to cut the team in US
             | and _move_ the jobs to a low cost region regardless of
             | their citizenship status.
        
               | dowager_dan99 wrote:
               | >> If I have to cut costs, I will have to cut the team in
               | US and move the jobs to a low cost region regardless of
               | their citizenship status.
               | 
               | Read that sentence again. If you're hiring an American
               | team in the Us, and cutting in the US, it's not
               | regardless of citizenship - unless you're abusing the
               | H-1B program
        
               | lubujackson wrote:
               | "Not good enough" or not good enough to pass your leet
               | code gauntlet that has nothing to do with the day-to-day
               | role?
               | 
               | Because those aren't the same thing. Also don't discount
               | interview stress - I read that psychologically the most
               | difficult thing to do is be on stage in front of people
               | and do complex math problems... which is basically what
               | live coding tests are.
        
               | afavour wrote:
               | I hate leet code gauntlets too but I don't see what it
               | has to do with hiring immigrant workers. No matter your
               | status you are equally vulnerable to failing a code
               | gauntlet test.
        
               | mgkimsal wrote:
               | Math problems usually have one right/wrong answer. Many
               | interview 'challenges' have multiple ways of doing
               | something correctly. Without necessarily knowing any more
               | about the context of a problem beyond a few sentences,
               | you work with what you've been given. You can deliver a
               | working solution but if it's not the way they were
               | expecting... you're out of the running.
        
               | _DeadFred_ wrote:
               | I wonder what your investors would think if they found
               | out you can't manage and need to 'hope you find suitable
               | talent' and that you are incapable of growing it?
        
               | seneca wrote:
               | > I wonder what your investors would think if they found
               | out you can't manage and need to 'hope you find suitable
               | talent' and that you are incapable of growing it?
               | 
               | Not hiring mediocre talent is a key part of management.
        
               | renewiltord wrote:
               | Every company talks about finding talent. VCs are very
               | familiar with this because many startups don't have
               | familiarity with this stuff. It's not surprising to have
               | a VC help hire for roles the startup is unfamiliar with
               | hiring for. An investor is not someone's boss. Once
               | they've handed over the capital, they're very invested in
               | making sure that there aren't any blockers to the
               | company's success.
        
               | PittleyDunkin wrote:
               | > Okay, I have interviewed hundreds of people in the last
               | decade, and I can tell you that most are not good enough.
               | 
               | Me, too. I straight-up disagree; I think interviewing is
               | just so broken it gives a false impression of quality
               | issues in the labor pool. Realistically if you have a
               | handful of core skills you can ramp up to basically any
               | problem with enough time. That's time on the order of
               | _months_ , maybe, not _years_. Companies just don 't want
               | to bother training anyone anymore. Why bother when you
               | can just complain endlessly and hope some politicians
               | throw cheap labor your way? In that sense you're
               | absolutely right, but the whole "quality" thing is
               | completely unrelated.
               | 
               | > I have been successful in liberating money from VCs and
               | create jobs, and I want the best people that money can
               | buy.
               | 
               | I think people seriously overestimate the difference
               | engineer quality makes. Most products can be built with
               | mediocre talent. I'm sorry, that's the truth. We all love
               | to have strong opinions on who we should hire and I say
               | "almost anyone, just throw meat at the problem". Most
               | problems are solved with time and not cleverness.
               | 
               | Startups are definitely more sensitive to quality, but
               | startups don't make up much of the labor pool, and they
               | don't pay competitively with much larger companies that
               | _don 't_ need the quality.
               | 
               | I'm being a little hyperbolic here--you do need people
               | with experience and ability to see red flags to lead the
               | flock--but not by much.
        
               | throwaway48476 wrote:
               | This is the truth that peoples egos can't seem to handle.
        
               | UncleOxidant wrote:
               | Add in that in the search for the _perfect_ candidate
               | that has all 16 bullet point requirements you 'll come
               | across folks who have, say, a solid 13 of them, but
               | they'll get passed over waiting for the perfect candidate
               | to come around. Which can take many months... years even.
               | In the meantime you could have been bringing up one of
               | those 13-point candidates getting them up to speed on
               | those 3 missing bullet points. And you'd likely have
               | gotten to a desired level of productivity faster than by
               | waiting for that perfect candidate while wringing your
               | hands that there just aren't enough qualified people out
               | there.
        
               | Aperocky wrote:
               | > Most problems are solved with time and not cleverness.
               | 
               | Yes, because given time someone clever would have came in
               | and fixed it.
               | 
               | It's like doing push up in the elevator and believing
               | that arriving at the 100th floor is due to doing push
               | ups.
               | 
               | The GE, IBM, Intel, Boeing are few examples that didn't
               | believe in quality - and not just people apparently, and
               | their problems aren't getting solved with time.
        
               | PittleyDunkin wrote:
               | Eh, I just don't see it. GE and IBM and Boeing are
               | solving the problems they want to solve. Management
               | dysfunction can't be blamed on low-quality workers.
               | Anyway, I'm a little reluctant to draw the parallel with
               | Boeing because I simply don't know what kind of work goes
               | into that sort of engineering. Maybe cleverness is a big
               | part!
               | 
               | > Yes, because given time someone clever would have came
               | in and fixed it.
               | 
               | I can't emphasize enough how much software engineers
               | overestimate the value of their own cleverness. Bugs are
               | fixed with persistence, in my experience--I've used
               | "cleverness" to find only a handful of bugs across my
               | entire nearly two-decade career. I don't want to say I'm
               | "the best engineer on the team" or anything like that,
               | but I dependably fix the bugs that are put on my plate
               | regardless of how frustrating they are to crack,
               | regardless of what tools I need to bust out to get the
               | job done. Debuggers, printf, valgrind, core dumps, packet
               | captures, profilers, repls, disassembly, whatever's
               | necessary. But all of these take _persistence_ to reach
               | for and use to crack the case. Experience is a short cut,
               | but that 's a very different thing than cleverness, and
               | you very directly pay for that experience.
               | 
               | Not to mention if I see "cleverness" in a code review
               | you're gonna bet I'm gonna comment and ask you to make it
               | less clever unless that cleverness seems to neatly solve
               | a problem. Even then, commenting is absolutely critical.
               | 
               | Time, not cleverness, is the key.
               | 
               | Hell, the joke used to be that being a software engineer
               | is 80% googling. Now that barrier's been lowered even
               | further with chatbots: you can literally ask it to find
               | the bug, explain behavior, _fix the bug_ , etc. It
               | doesn't take _much_ competence to correct the output. All
               | it takes is not giving up when you see problems.
        
             | dunkelheit wrote:
             | > That and companies are just hilariously bad at finding
             | workers they want to hire for nebulous reasons. I have no
             | doubt even if my company hired 95% of the workers it had
             | marked down as "no hire" they'd be able to squeeze a
             | salary's of value worth out of each of them (well, if
             | management is competent, which it tends to not be).
             | 
             | Isn't it ironic that a comment making fun of companies for
             | not hiring workers who can barely contribute above their
             | salary's value, in the very same sentence blames management
             | for incompetence. Well, guess what, managers are hired
             | workers too, so if you apply the same principle to them,
             | this is what you get.
             | 
             | What you suggest makes sense from the "homo economicus"
             | point of view, but the result will be a barely functional
             | hellhole riddled with incompetence (at least this is what
             | it will feel like from within.) Can we blame people for
             | being "selfish" and not wanting to work in this kind of
             | environment?
        
               | PittleyDunkin wrote:
               | > Well, guess what, managers are hired workers too,
               | 
               | I didn't comment on hiring "managers", did I?
               | 
               | > Can we blame people for being "selfish" and not wanting
               | to work in this kind of environment?
               | 
               | I did cop to this behavior, right? I do agree. It makes
               | my life easier rejecting candidates. I'm just saying this
               | complaining over lack of quality talent seems like the
               | corporate equivalent of feigned helplessness rather than
               | an actual problem.
        
           | thatfrenchguy wrote:
           | There's a shortage of applicants with the skills that
           | companies need. Engineers, like most qualified workforce,
           | aren't interchangeable.
        
             | toomuchtodo wrote:
             | This is not what the data shows [1] [2] [3] [4] [5]. Also,
             | the efforts of many US firms recently to grow their India
             | and LATAM presence [6] demonstrates this is for cost
             | reasons, not a lack of qualified workforce. Companies will
             | hire contractors from IT outsourcers and similar to launder
             | the labor cost cramdown operation. IT unemployment is ~6%
             | [7], why are we issuing any H1Bs beyond exceptional, highly
             | compensated talent (~$300k-$500k/year and up)?
             | 
             | [1] https://www.bloomberg.com/graphics/2024-cognizant-h1b-v
             | isas-... | https://archive.today/jaXNo
             | 
             | [2] https://www.epi.org/publication/new-evidence-
             | widespread-wage...
             | 
             | [3] https://cis.org/North/Unlikely-Sources-Confirm-Wage-
             | Suppress...
             | 
             | [4] http://www.sciencemag.org/careers/2015/05/economists-h-
             | 1b-vi...
             | 
             | [5] https://gspp.berkeley.edu/assets/uploads/research/pdf/h
             | 1b.pd...
             | 
             | [6] https://stig.net/latam-outsourcing-destination-us-
             | companies/
             | 
             | [7] https://www.wsj.com/articles/it-unemployment-
             | hits-6-amid-ove...
        
               | throwaway7783 wrote:
               | I mean, If I have an India or LATAM presence, why would I
               | hire in the US at all, even H1Bs? Unemployment rates mean
               | nothing if its a skills job. Eng #1 is not the same as
               | Eng #2. You can see this plainly in interviews. Our hit
               | rate for engineering is roughly 1 in 20 - purely based on
               | the skill match. So 6-7% unemployment might as well mean
               | they are not good enough?
        
               | toomuchtodo wrote:
               | Indeed, it's why policy will be an important component,
               | just as tariffs can be used to stoke domestic production
               | (to bring outsourcing costs to domestic cost parity).
               | I.R.C. SS174 touches on this with an amortization delta
               | between US and non-US based development and R&D cost
               | accounting, for example.
               | 
               | https://www.thomsonreuters.com/en-us/posts/tax-and-
               | accountin...
               | 
               | > Beginning in 2022, all costs related to R&D must now be
               | amortized over five years for US-based companies or 15
               | years for non-US companies.
               | 
               | With regards to "not good enough", maybe expectations (as
               | a hiring manager or org) are unrealistic? Very
               | subjective, so I find this topic to be difficult to argue
               | effectively. I am not unsympathetic to the fact that
               | hiring is hard, but the evidence of bad faith behavior at
               | scale is undeniable and requires accounting for. If we're
               | going to live in a socioeconomic system where people are
               | forced to work to survive and there are little, if any,
               | social safety nets, domestic employment must take
               | priority over potential profits and economic gains of
               | owners and similar controlling interests arbitraging
               | labor cross border (or importing cheap labor) imho. As a
               | founder/business owner, I can appreciate you're
               | optimizing within your local minima.
        
           | dingnuts wrote:
           | > There is a shortage of applicants willing to work at what
           | companies want to pay
           | 
           | Translation: companies would rather have underpaid immigrants
           | as indentured servants to exploit than Americans who can
           | demand higher wages
        
             | rtpg wrote:
             | A problem solved if visas are not associated to employers,
             | because then an employer couldn't hold onto the employee
             | like this.
        
               | TechDebtDevin wrote:
               | No. Because it still floods the job market with off short
               | talent that is willing to work for 30% less. Construction
               | workers arent tied to a single employer (usually) and
               | that drops the price of labour across the board even in
               | union dominated markets.
        
               | NoMoreNicksLeft wrote:
               | The simple solution is for the government to put a tax on
               | the visa. For each H1-B the company does, they pay the
               | government an additional $200,000 per year (or some other
               | large, arbitrary sum). If they really need them that
               | badly, they'll pay up. What I think happens is that they
               | discover they don't need them quite so much.
        
               | mgkimsal wrote:
               | Tariffs on visas?
        
               | throwaway48476 wrote:
               | Great idea
        
               | aylmao wrote:
               | I mean, I can think of a lot of things businesses could
               | greatly benefit and grow from, but would have to do
               | without if it came with $200,000/yr price tag.
               | 
               | IMO this is not about wether a business can do without X.
               | Most businesses can do without a lot of things, just more
               | poorly. IMO this is about finding the right balance
               | between the benefits and drawbacks of hiring foreign
               | specialized workers.
        
               | mixmastamyk wrote:
               | Ranked by salary is an alternative I've heard.
        
               | aylmao wrote:
               | A lot of things "flood the job market". In 2021, >104k
               | degrees CIS degrees were awarded by US colleges [1].
               | There's a flood of young people entering the market every
               | year, and they're willing to work for >30% less than
               | experienced engineers because it's their first proper
               | job.
               | 
               | IMO as with all things money, it's all about negotiation.
               | Of course a lot of negotiating power simply has to do
               | with the market supply/demand, but a whole lot has to do
               | with policy and rules. Giving more negotiating power to
               | H1Bs would definitely put upwards pressure on salaries.
               | 
               | Re: construction workers. Same problem, worker's rights.
               | A lot of construction workers are undocumented: an
               | estimated 20 percent [2][3]. Undocumented immigrants have
               | virtually no negotiating power. Allowing this solid 1/5th
               | of the workforce to confront their employer without fear
               | of deportation would go a long way increasing
               | compensation for the industry as a whole.
               | 
               | [1]: https://nces.ed.gov/programs/digest/d22/tables/dt22_
               | 322.10.a...
               | 
               | [3]: https://limos.engin.umich.edu/deitabase/2024/05/28/u
               | ndocumen...
        
           | yodsanklai wrote:
           | > There is a shortage of applicants willing to work at what
           | companies want to pay
           | 
           | If you want the best candidates, it makes sense to have a
           | wider pool of recruitment.
        
           | amykhar wrote:
           | That is absolutely what these kinds of Visas are NOT supposed
           | to be addressing.
        
           | thephyber wrote:
           | > If it is taking more than 30-60 days for workers to find a
           | role, there are enough workers domestically.
           | 
           | This makes no sense, even if I agree with your first
           | statement.
           | 
           | Not every company is willing to completely retrain a worker
           | for something outside of their core competency. Lots of
           | candidates simply aren't competent, or even reliable
           | employees. Lots of companies would rather a position go
           | unfilled than make a bad hire that is very expensive to fix.
        
           | dmayle wrote:
           | This is why H1-B visas should have a minimum salary
           | requirement equal to 20% over whichever is greater, median
           | salary for the role in the industry, or median salary for the
           | role in the company (and whichever is greater, US-wide, or
           | local pay scale).
           | 
           | This way, a company is always incentivized to find local
           | talent, but when they are actually unable to, they have a
           | path to find the expertise they need. The U.S. could relax
           | restrictions on H1-B, lowering red tape, and removing a lot
           | of churn that comes with the H1-B program
        
         | Spivak wrote:
         | I feel like this whole issue could be solved short order if we
         | agreed that not being able to find qualified applicants _at a
         | given fixed price_ does not a shortage make.
         | 
         | It's the same with the "fast food shortage," I bet the shortage
         | would dry up real fast at $50/hr so all we're really doing is
         | haggling over price. If in order to hire a H1-B at a salary of
         | x you had to offer US workers 2x with say a $100k floor on x
         | then I bet Americans would show up.
        
           | sunshowers wrote:
           | So you want to depress wages of vulnerable people on visas
           | even more? What is wrong with you?
        
             | LPisGood wrote:
             | It seems to me that there is a dichotomy between that or
             | allowing companies to continue to snub US workers for
             | vulnerable foreign labor.
             | 
             | Maybe you could escape the dichotomy by requiring H1-B
             | workers to be in the 5% paid employees at a company or
             | something.
        
               | sunshowers wrote:
               | No, what needs to happen is to give workers mobility. H1B
               | workers are preferentially hired at some firms because of
               | their lack of mobility -- they're easier to abuse than
               | other workers. Addressing that would let everyone be on
               | an equal footing and share the benefits of agglomeration
               | (immigration increases supply and demand!) It would also
               | be far more just and equitable.
        
               | throwaway48476 wrote:
               | Parents idea is better.
        
           | BurningFrog wrote:
           | On a market with free pricing there _are_ , pretty much by
           | definition, no shortages or surpluses.
           | 
           | Instead prices go up or down until supply and demand meet.
           | 
           | So talking about "shortages" in this context doesn't really
           | make sense to me. Yet that's the terminology in this field,
           | and the resulting confusion is unavoidable.
        
             | jltsiren wrote:
             | A shortage is a situation, where the market cannot bring
             | high prices down by increasing the supply. For example, if
             | software engineers earn more than equally demanding roles
             | in other engineering fields and the situation persists long
             | enough, there is a shortage of software engineers.
        
               | lastiteration wrote:
               | Who decides if the price is high or low? That should be
               | the market. High salaries -> more people decide to pursue
               | it as a career -> more competition -> lower salaries.
               | They are trying to force salaries down quicker
        
             | cherryteastain wrote:
             | > On a market with free pricing there are, pretty much by
             | definition, no shortages or surpluses.
             | 
             | Remember the "chip shortage" all throughout the pandemic?
             | It's not like the whole world switched to a Soviet style
             | command economy between 2020 and 2022 yet we still had it.
        
               | whaleofatw2022 wrote:
               | "Free market" folks tend to ignore the ladder-pulls and
               | existing regulations that make it a non-free market.
        
               | BurningFrog wrote:
               | That's an interesting case!
               | 
               | ChatGPT mentions some factors for why suppliers didn't
               | just raise prices until the demand met the supply:
               | 
               | 1. The industry often has long term contracts that fixes
               | prices months or years in advance.
               | 
               | 2. Even without such contracts, the value of stable,
               | long-term relationships with major customers made
               | suppliers keep prices stable.
               | 
               | 3. Governments intervened to prevent "price gouging" for
               | favored industries, and even without such intervention,
               | perceived price gouging can be more damaging long term
               | than is made up for by near term profits.
               | 
               | So you're right that there was a real shortage for a
               | time.
               | 
               | But note my original caveat: "On a market with free
               | pricing". Unfree pricing (contracts/regulation) was one
               | factor.
               | 
               | But PR considerations, which I admit I didn't think of,
               | was also a factor. So I learned something here!
        
           | eru wrote:
           | > I feel like this whole issue could be solved short order if
           | we agreed that not being able to find qualified applicants at
           | a given fixed price does not a shortage make.
           | 
           | It could be solved by realising that letting immigrants in,
           | especially highly skilled ones, is good for the country (and
           | for the immigrants!), independent of anything like a 'skills
           | shortage'.
        
           | HarHarVeryFunny wrote:
           | So then call the H1-B program what it is - a way for US tech
           | companies to depress wages to the point that you can't afford
           | to live the US, unless it's a bunch of H-1B holders living
           | together in a house share.
           | 
           | The same goes for offshoring for jobs. Lovely for
           | shareholders and the CEO's bonus, but not so great for US
           | residents having to compete with them who are paying US cost
           | of living, not Indian/etc overseas cost of living.
           | 
           | It'd be nice if the US government would pass laws benefiting
           | its own citizens/residents rather than corporations.
        
             | NoMoreNicksLeft wrote:
             | It's racist to prefer citizens over non-citizens though.
             | The US government should pass laws benefiting all people of
             | the world equally.
        
               | gmueckl wrote:
               | It's nationalist, not racist. Passports and border
               | controls are the practical foundation of all nationalism.
        
               | HarHarVeryFunny wrote:
               | Huh? There are US citizens of all sorts of ethnic/racial
               | backgrounds.
               | 
               | Preferring US citizens over outsourcing is patriotic, not
               | racist. It's also being a good corporate citizen -
               | supporting the country/people you are gaining your
               | profits from.
        
               | nirav72 wrote:
               | not sure if your comment was an attempt at sarcasm and I
               | just missed it. In case it wasn't - it's not racist for
               | country to look after its own economic interest or the
               | interest of its own citizens.
        
             | closeparen wrote:
             | House sharing is a problem with the numbers of people that
             | FAANG wants to employ in West Coast communities that aren't
             | having it, not with their identities. When people making
             | $300-500k can't have their own houses, the problem is not
             | money.
        
         | strongpigeon wrote:
         | Good news: the USCIS makes this data available! [0]
         | 
         | Google, Microsoft and Meta definitely look for (and hire!) US
         | applicants. One can reasonably have a gripe with the consulting
         | companies on there (Infosys, Tata, Cognizant, etc.) but they
         | don't represent 90-95% of H-1B issued.
         | 
         | [0] https://www.uscis.gov/tools/reports-and-
         | studies/h-1b-employe...
        
           | pnw wrote:
           | One might have more than just a gripe with Infosys given they
           | recently admitted to defrauding the visa system over decades
           | and paid a record $34m fine. How many Americans lost out on
           | jobs as a result? We'll never know.
           | 
           | https://www.ice.gov/news/releases/indian-corporation-pays-
           | re...
        
             | strongpigeon wrote:
             | It's worth saying though that this fine is for lying and
             | abusing the B-1 visas (to circumvent H-1b limitations).
             | That being said I still believe there are a lot of issues
             | with these companies regarding their H-1bs in the first
             | place.
        
           | guiomie wrote:
           | Actually, looking at your link, Google, Meta, Apple, Amazon
           | are all in the top 10... on the link you shared, am I missing
           | something?
        
             | strongpigeon wrote:
             | My point was that those companies are indeed in the top 10,
             | and those companies also look at and hire US applicants.
             | This was in response to the commenter's point that they'd
             | be surprised if 5-10% of H1Bs listing even considered US
             | applicants.
        
           | philosopher123 wrote:
           | If you filter out Information only ( which i am being
           | conservative because this does not include healthcare and
           | other sectors ) that is about 20K high paying IT Jobs. This
           | def smells funny that they cannot find "quality" candidates
           | in US that can build APIs and do FE work. Maybe out of that
           | 20K workers, 500 might be actually be doing something special
           | but rest are doing the work that does not need any
           | specialization.
        
         | aylmao wrote:
         | I wonder if this shortage has to do with the recent strong
         | swing back to in-office work
        
           | warkdarrior wrote:
           | Well, what is a company supposed to do if local candidates do
           | not want RTO? It seems logical to hire workers who are OK
           | with RTO, especially if they are outside of the country and
           | clearly willing to relocate for RTO.
        
             | ziddoap wrote:
             | > _Well, what is a company supposed to do if local
             | candidates do not want RTO?_
             | 
             | Well one option, of course, would be not forcing staff to
             | return to office.
        
             | tokioyoyo wrote:
             | It just takes the negotiation power from the employees
             | though. The question is, whether it's more important to
             | make the employees happy or the businesses. Both have valid
             | cases.
        
         | eru wrote:
         | Talking about a shortage of local applicants is really
         | irrelevant and at most a distraction.
         | 
         | It's the old 'the foreigners are taking our jobs' routine.
        
         | semiquaver wrote:
         | > I'd be surprised if more than 5-10% of H-1B positions are
         | ones where the hiring company has even looked for US
         | applicants.
         | 
         | But H1B employers are required to certify that they took good
         | faith steps to recruit U.S. workers for these positions and
         | were unable to find qualified candidates to hire.
         | 
         | You really think a business would do that? Just go to the
         | government and tell lies?
        
           | pnw wrote:
           | Yes, some of them have been doing it for decades.
           | 
           | https://www.ice.gov/news/releases/indian-corporation-pays-
           | re...
        
           | HarHarVeryFunny wrote:
           | Yes - it seems this is routinely done for H-1B positions. You
           | meet the requirement for having advertised the job by running
           | an ad for 1 day in the back of the fisherman's chronicle. You
           | tailor the job description so closely to the H-1B candidate
           | you've already decided to hire, that it'd be easy to defend
           | why you rejected other candidates (should they inconvenience
           | you by seeing the ad and applying).
        
           | vetrom wrote:
           | "Good faith" by the letter of the law is often established by
           | chichanery like posting job ads with nebulous requirements in
           | _print_ newspapers, requiring mail in resumes, and
           | slowrolling a process.
           | 
           | Not lies, strictly, but I see plenty of evidence pointing to
           | the 'fake job' phonemena that seems to be discounted, like
           | this example: https://www.teamblind.com/post/Intuit-firing-
           | up-ads-in-local...
           | 
           | Filtering out real information from data and anecdata is a
           | challenge at the best of times, but I am ill convinced of the
           | honesty of most of the recruitment market.
        
         | bdangubic wrote:
         | there is limited number of H1B visas that are issued each year
         | (as if I have to even say this)... so they won't make a dent if
         | you are correct with "the huge numbers of US developers
         | currently looking for work."
         | 
         | we abolish the program and boom, 65k people out of this
         | apparently HUGE number of US developers looking for work won't
         | make a dent... so this argument holds absolutely no water ...
        
           | _DeadFred_ wrote:
           | ...other than... you know... the entire point of the H1B visa
           | program... is to get talent the US DOESN'T already have ...
        
             | bdangubic wrote:
             | I am not arguing the merits/purpose of the program. just
             | the silly that this program is affecting US population tech
             | (un)employment
        
             | Aperocky wrote:
             | Well, if there aren't such programs people like Elon or
             | Satya and Pichai might have never started out. You look at
             | them as being successful and exceptional today (regardless
             | of some of the more questionable antics and decisions),
             | when they just started, it's hard to argue that you can't
             | find similar, exceptional talent in the US.
             | 
             | But if you shut off that valve, they would not be here 25
             | years later.
        
         | ashconnor wrote:
         | As a non-immigrant to the United States, I don't really buy
         | into the idea that companies prefer H1B candidates purely for
         | financial reasons. The H1B process is frankly a rigid,
         | unreliable and time-consuming process.
         | 
         | It's hard for even Canadians and Mexicans to find jobs in the
         | US and we have access to the supposedly easy to obtain TN visa.
         | Australians too with E3.
         | 
         | I'm more inclined to believe that H1B workers have other
         | benefits to employers such as longer tenure due to the
         | restrictions of moving jobs.
         | 
         | Which in itself should be an argument for further
         | liberalization say by giving I140 approved petitioners access
         | to EADs.
        
           | lupusreal wrote:
           | > _I 'm more inclined to believe that H1B workers have other
           | benefits to employers such as longer tenure due to the
           | restrictions of moving jobs._
           | 
           | That _is_ a financial motive. Companies don 't want to pay
           | the kind of compensation which would induce employees to be
           | loyal to the company, and so they use H1B quasi-indentured
           | servitude as a cheaper alternative.
        
             | gmueckl wrote:
             | It doesn't quite work that way. H-1B employees need to have
             | above average compensation or their field. This is part of
             | the application process.
        
             | ashconnor wrote:
             | I think you're assuming that everyone has a price.
             | 
             | Also H1Bs can't also start their own businesses (at least
             | before this rule). So that was another restriction.
        
             | orochimaaru wrote:
             | I've been on an H1B before, a long time back. Most
             | companies do not want to deal with your immigration issues.
             | Bigger enterprises have the resources. But the moment you
             | get smaller, there isn't a whole lot of patience or energy
             | for that.
             | 
             | As an H1B I May have made marginally less than my peers who
             | were not immigrationally challenged. But as promotions
             | picked up I think that wasn't an issue anymore.
             | 
             | The one thing I still have though is I'm never the squeaky
             | wheel. Getting laid off on an H1B is brutal. So your
             | tolerance for corporate bs and workplace toxicity is quite
             | high.
        
               | whaleofatw2022 wrote:
               | This last point is a big one.
               | 
               | I've seen more than one shop that would use contract
               | houses as a way to 'paper over' their internal turnover
               | issues.
               | 
               | After all, even if the internal resource at the body shop
               | asks for and gets a transfer, they've got another body in
               | to finish the contract.
               | 
               | Plus the fringe benefits. That h1b is a sword of
               | damocles, contractor will work 6/10+ even if the main
               | shop is doing 45 on average for engineers.
               | 
               | Which, doesn't get you better code typically, but it
               | let's suits say people are working long hours to get the
               | task done.
        
         | closeparen wrote:
         | Only in the context of H1B does anyone conceive of tech workers
         | as having a binary condition called "qualified." In white-
         | collar jobs worth having, impact scales essentially infinitely
         | with skill. You aren't looking for people who are merely
         | capable of some baseline, you are looking for the best. The
         | world is much bigger than America, so even if Americans are
         | very good, many of the best are still foreigners.
        
           | silisili wrote:
           | I agree with this in theory, but in practice...
           | 
           | I've worked directly with probably 50 or so H1B folks in my
           | career. I can only think of a few I'd call exceptional. Just
           | like Americans, most were a mixed bag from good to terrible.
           | 
           | So the idea and argument of best of the best is sound, but
           | it's definitely not being used solely that way.
        
             | throwaway48476 wrote:
             | The idea of 'best of the best' relies on the assumption
             | that it is measurable which history has shown that it is
             | not.
        
               | closeparen wrote:
               | I mean, this is basic VC logic: because the returns are
               | power law distributed, and it's very hard to know in
               | advance which ones are going to hit, you should probably
               | invest at least a little bit in anyone who seems
               | basically plausible. Imagine having denied a visa to
               | Sergey Brin!
        
               | throwaway48476 wrote:
               | Money is measurable, engineer quality is not. Sure with a
               | smaller startup you could average amongst the engineers
               | but it's an imprecise value. The million threads on
               | leetcode and interview are proof positive engineer
               | valuation is hard.
               | 
               | It's all well and good to gamble when someone else, the
               | public, is picking up the tab.
        
               | closeparen wrote:
               | What tab? H1B engineers are definitionally employed,
               | usually in the upper tax brackets.
        
               | throwaway48476 wrote:
               | Unpriced externalities. Housing is unaffordable in no
               | small part due to immigration. Opportunity cost for
               | Americans workers.
               | 
               | Generally the government manages the economy to make
               | things 'easy' but not necessarily reflecting the true
               | cost of any behavior.
        
               | closeparen wrote:
               | Housing is unaffordable because tech brings high-paying
               | jobs into regions that don't want housing growth. Whether
               | the people coming to fill those jobs and throw those
               | salaries around in the housing market are from India or
               | from Wisconsin hardly matters, except that it's more
               | comfortable for local governments to be overtly hostile
               | to the Wisconsinites.
        
               | throwaway48476 wrote:
               | Housing requires land which inherently does not scale.
        
             | fellowmartian wrote:
             | Most people are missing the fact that there's a whole
             | immigration economy on the other end, it's not a passive
             | storefront (that was banned in the 19th century). People
             | want to immigrate, but the people who are best at
             | immigrating aren't necessarily best at their job.
        
           | calculatte wrote:
           | H1B doesn't test for skill. It is a lottery. And judging from
           | the skill of hundreds of H1Bs I've worked with, it is a
           | failure of a system.
        
             | bdangubic wrote:
             | where the F do you work when you are surrounded by
             | "hundreds of H1Bs" - at the airport's baggage claim when
             | they arrive?
        
         | onlyrealcuzzo wrote:
         | > A supposed shortage of qualified US applicants for tech jobs,
         | especially software developers, doesn't jibe with the huge
         | numbers of US developers currently looking for work, including
         | highly experienced older workers suffering from age
         | discrimination.
         | 
         | While I tend to agree, this is a bit of a straw man.
         | 
         | You can have tons of people looking for work who aren't
         | qualified for the job - which is (I think) the FAANG argument.
         | 
         | It's not like FAANG is paying less than what most unemployed
         | techies are looking to make.
        
           | HarHarVeryFunny wrote:
           | FAANG companies have been laying people off at the moment, so
           | it doesn't seem they are exactly suffering from a lack of
           | workers. Until a year or so ago some of these companies were
           | hiring people without any real work for them, just to deprive
           | their competitors of talent.
        
         | coliveira wrote:
         | Well, tech companies claim that they cannot find good enough
         | workers to fill their positions. But "good enough" is a
         | subjetive classification. I can always create a test for which
         | you are not good enough, it doesn't matter how much knowledge
         | you have. And that's what tech companies have done for years.
         | They'll aways craft a contrived interview process that will
         | classify most people as not "good enough" and use this as
         | evidence that there are not enough workers available, so they
         | will get the opportunity to expand the pool of workers as much
         | as they want.
        
         | harichinnan wrote:
         | It's really simple test. Dig into unemployment numbers for
         | skill shortages. If your industry only has an acceptable level
         | of unemployment filings, then it qualifies as an industry
         | eligible for H1B. Within the industry, each company would
         | interview you on SV style data structures and algorithms. If
         | you don't make the interview, you are not qualified. The
         | foreigner who could pass such a qualifying test would then get
         | the job and visa is an accessory here.
        
         | snakeyjake wrote:
         | My employer cannot hire H-1Bs.
         | 
         | You must be a US citizen to work for my company. No "US
         | Persons" (visa holders) or foreigners allowed.
         | 
         | You have to be eligible for a Secret security clearance. You
         | don't have to get one if you don't want to as there is usually
         | plenty of uncleared work to go around, but you have to be
         | eligible in case that goes away and we need to put you in for a
         | clearance.
         | 
         | We cannot find qualified applicants.
         | 
         | I've had this conversation many times on HN so here are some
         | preemptive responses:
         | 
         | No, we don't make weapons for the military. Well, we do but not
         | my part of the company. The most harmful thing the products I
         | build do is quantify in precise detail how climate change is
         | dooming us all.
         | 
         | No, our positions aren't ghost positions.
         | 
         | Yes, we are willing to train someone who is motivated. We won't
         | re-teach linear algebra to a developer applicant but we will
         | pay a tech writer to go to school nights/weekends to get a
         | degree in engineering (me, I did that).
         | 
         | Yes, we have extensive high school and college work-
         | study/internships and participants make $72k/yr. with full
         | benefits for the duration of the program. That pipeline is
         | actually successful.
         | 
         | No, you can't work remotely. You (even programmers!) have to
         | touch the things we build in order to build them and nobody has
         | an ISO certified clean room in their house.
         | 
         | Yes, we pay well.
         | 
         | No, we don't pay as much as Meta. We build components for
         | satellites that have been sold to space agencies and purchased
         | by various departments/ministries of the environment, not your
         | personal information to advertisers-- one party has more money
         | to spend than the other.
         | 
         | We have shortages in mech/EE/Aero, shortages in software, and
         | critical shortages in engineering technicians.
         | 
         | One issue is that we expect programmers to remember linear
         | algebra and have more than the ability to shovel frameworks on
         | top of each other until a phone app comes out the other side.
        
           | throwaway48476 wrote:
           | What is your definition of qualified.
        
           | UncleOxidant wrote:
           | > No, you can't work remotely. You (even programmers!) have
           | to touch the things we build in order to build them and
           | nobody has an ISO certified clean room in their house.
           | 
           | What part of the country are you in?
        
             | MisterTea wrote:
             | This. If you're not in or near a major urban center you're
             | going to have to really be attractive to pull people in to
             | work there.
        
               | throwaway48476 wrote:
               | And if you are near a major urban center pay needs to
               | reflect the HCOL environment or the unpaid commute time.
        
             | edm0nd wrote:
             | a lot of these fed or sec clearance type jobs in
             | VA/Maryland area.
        
           | mfer wrote:
           | If someone is a software developer who has done non-trivial
           | things and linear algebra but not recently and needs to be
           | refreshed, do you provide time/training to refresh on the
           | math skills?
        
           | WaitWaitWha wrote:
           | I understand your struggle. I have worked with US and non-US
           | orgs that are in similar boat.
           | 
           | In my experience this is often and at least in part a self-
           | inflicted wound. As you describe your side of the business,
           | it should not restricted, but it is. _Maybe?_ Not enough
           | detail to be certain.
           | 
           | What I see time and time again is business not willing to
           | implement proper DLP, labeling and isolation of restricted
           | things. Instead, they just throw everything into a single
           | bucket, because it is quicker, faster, some of the risk and
           | compliance is shifted to third party, and _initially_
           | cheaper.
           | 
           | In short, a US, UK, Aus company that does government
           | contracts will just force _everyone_ into NOFORN, on-prem
           | requirements (because DFARS, CMMC, CE+, Essential 8, or
           | whatever). It is way quicker to do this for entire company
           | than actually label data, isolate environment and resources,
           | and so on.
        
           | geertj wrote:
           | Why linear algebra? Honest question, i have not seen this as
           | a specific requirement before.
        
             | jmb99 wrote:
             | It can be inferred that they're making satellites, or at
             | least satellite components. It's pretty likely that vector
             | math will be involved in some of the software being written
             | in that context. In particular, if anything they write
             | involves navigation (which is a lot of things when it comes
             | to satellites, from actually maneuvering to observation
             | correction) you need to have a pretty good understanding of
             | linear algebra to write good software. And aerospace isn't
             | an industry where you want someone relying on google for
             | mission-critical logic.
        
               | AlotOfReading wrote:
               | Sure, but there's a huge spectrum between "mild
               | competence" and "can recite strang's verbatim". My
               | experience is that companies emphasizing specific math
               | skills beyond normal professional baselines typically
               | expect the latter despite usually offering the same (or
               | lower) salaries than the former.
        
             | panzagl wrote:
             | Satellites go in circles and need to point at things.
        
           | buckle8017 wrote:
           | You might believe that you don't make weapons, but nobody
           | else does.
           | 
           | You're building satellite components, which I'm quite certain
           | are dual use.
        
             | snakeyjake wrote:
             | The linux kernel is dual-use.
        
               | buckle8017 wrote:
               | This is why you can't hire anybody competent.
               | 
               | Maybe try admitting what you're building and justify it
               | as necessary instead.
               | 
               | Insulting people's ability to reason is a certain way to
               | repel anybody with a brain.
        
               | snakeyjake wrote:
               | I used to build fantastic little things the likes of
               | which no human being had ever seen before that have
               | killed many, many, people including (if reports from that
               | side of the company are right, and they are) thousands
               | and thousands of Russians and their tanks.
               | 
               | Now I design radar panel assemblies for weather
               | satellites.
               | 
               | They're both a good living.
        
           | p1esk wrote:
           | _Yes, we pay well. No, we don 't pay as much as Meta._
           | 
           | How well do you pay? If I were at Meta, my total comp would
           | be 500-600k. I make half that at a small startup. Can you
           | afford me?
        
             | panzagl wrote:
             | No they cannot, unless maybe you have advanced degrees and
             | a couple decades experience.
        
               | optimiz3 wrote:
               | Yeah but then you're too old. Need to be in your 20s with
               | a couple decades of experience.
        
             | snakeyjake wrote:
             | How many years of experience?
             | 
             | I fall almost exactly on the low end of this range:
             | https://www.glassdoor.com/Salaries/senior-aerospace-
             | engineer...
             | 
             | With 15 years of experience.
             | 
             | I'm at the low end of my peers.
             | 
             | Like I said, auctioning off access to your users to
             | advertisers pays better than the European space agency.
        
           | briffle wrote:
           | Do you offer to sponsor people to get their security
           | clearance? many jobs I see in the sysadmin space want someone
           | who already has clearance, and are not willing to do the
           | process of getting someone their clearance.
        
           | calculatte wrote:
           | You didn't name your employer for someone who might be
           | interested. Perhaps visibility is one reason you can't find
           | anyone?
           | 
           | I applied to a similar position locally this year. I far
           | exceed their requirements and experience and I got rejected
           | at the application stage. And the same goes for nearly all of
           | other places I applied to. Hiring has most definitely changed
           | over the years. They are not just looking for "qualified
           | applicants". There is something else going on.
        
           | CoastalCoder wrote:
           | > You must be a US citizen to work for my company. No "US
           | Persons" (visa holders) or foreigners allowed.
           | 
           | Just to clarify, being a _dual_ U.S. citizen (e.g.,
           | U.S.-Canadian, U.S.-Irish) doesn 't necessarily prevent a
           | person from obtaining a U.S. "SECRET" security clearance.
        
           | pseudocomposer wrote:
           | What's your company? What exactly do you pay? I haven't done
           | linear algebra in a while but certainly remember enough from
           | graphics programming (and of course physics and linear
           | algebra proper) in undergrad. Feel free to check out and
           | contact me via any of the routes available on my GitHub:
           | https://github.com/JonLatane
        
           | drivingmenuts wrote:
           | > You have to be eligible for a Secret security clearance.
           | You don't have to get one if you don't want to as there is
           | usually plenty of uncleared work to go around, but you have
           | to be eligible in case that goes away and we need to put you
           | in for a clearance.
           | 
           | Y'all should probably make that clear. Usually, the moment I
           | see something like that as a job requirement, I move on. Not
           | because I may or may not qualify, but because I honestly
           | don't remember a lot of the information required and because
           | it's not clear that I can work in a non-weapon-building role.
           | Probably should offer refresher courses in linear algebra -
           | I've been a developer for 25+ years and have never knowingly
           | used it.
        
           | dcrazy wrote:
           | > You must be a US citizen to work for my company. No "US
           | Persons" (visa holders) or foreigners allowed.
           | 
           | This is illegal under IRCA unless another law or government
           | contract mandates it. [1] If every single role at your
           | company requires a Secret clearance, then I question how
           | separate "your part of the company" really is from the part
           | that makes weapons.
           | 
           | [1] https://www.eeoc.gov/national-origin-discrimination
        
             | snowwrestler wrote:
             | Obviously this company is a government contractor.
        
               | dcrazy wrote:
               | Not all government contracts require all employees
               | working on the contract to have clearances or be US
               | citizens.
        
         | thephyber wrote:
         | Then you should support this rule change:
         | 
         | > Finally, the rule strengthens program integrity by codifying
         | USCIS' authority to conduct inspections and impose penalties
         | for failure to comply; requiring that the employer must
         | establish that it has a bona fide position in a specialty
         | occupation available for the worker as of the requested start
         | date; clarifies that the Labor Condition Application must
         | support and properly correspond with the H-1B petition; and
         | requires that the petitioner have a legal presence and be
         | subject to legal processes in court in the United States.
        
         | booleandilemma wrote:
         | H-1B is a scam for hiring Indian developers who then become
         | beholden to the companies they work for. That's it.
        
           | dosinga wrote:
           | ah yes, like the CEOs of Google and Microsoft
        
         | ivalm wrote:
         | We don't support h1b, of the last 3000 applicants we had only 1
         | was qualified. It's super hard to hire strong swe.
        
         | sciencesama wrote:
         | Well they charge you more ! Us is famous for not hiring
         | programmers aged above 50 cuz they are expensive !!
        
         | CoastalCoder wrote:
         | I used to work for the U.S. Naval Undersea Warfare Centers, and
         | it was a pretty good experience.
         | 
         | U.S. citizens (and perhaps some dual-citizens) might want to
         | look into such places (Navy warfare centers, NRL, ARL, etc.)
         | 
         | TL;DR:
         | 
         | The top starting pay is about $150k IIRC, which I'm told is
         | somewhat below what a well-funded defense contractor will pay
         | for really good people.
         | 
         | But I worked with some great people, the work was interesting,
         | and it was located in a medium-cost-of-living area.
         | 
         | I left because of the siren call of the startup scene, and
         | frustration with some bureaucratic stuff. But in retrospect I
         | actually like it better there.
        
       | FL33TW00D wrote:
       | Surprised by all the negativity here.
       | 
       | The USA benefits enormously from skilled immigration: "doubling
       | the size of the US H1B visa program increases US and EU growth by
       | 4% in the long-run"
       | 
       | From a recent paper here: https://academic.oup.com/qje/advance-
       | article-abstract/doi/10...
        
         | tokioyoyo wrote:
         | It's a slowdown in tech recruitment, so it is fair for citizens
         | to think for themselves first. There are quite a lot of
         | candidates that can fulfill most of the roles, and it has bad
         | optics when the government tries to prioritize others.
         | 
         | Disclaimer: I don't live in the states, but I can understand
         | the frustration.
        
         | punksatoni wrote:
         | You have to first answer why few locals outside Stanford-
         | Berkeley-MIT-CMU are hired out of school. Is it because all
         | non-top-4 schools under prepare students? Is it before foreign
         | workers are that much better? Or is it because companies are
         | looking for underpaid workers they can abuse and keep in a
         | state of limbo?
         | 
         | If CS degrees from non-top-4 schools are not valuable, best to
         | get that out so US students are not studying useless degrees.
        
         | 8f2ab37a-ed6c wrote:
         | This is the bit that I've always found confusing. When it comes
         | to blue collar jobs, people in the upper echelons will gladly
         | advocate the wonders of millions of people entering the job
         | market to compete with Americans.
         | 
         | But as soon as it's their own market that introduces additional
         | competition, they will take the "just pay people more, the job
         | seekers exist, just not at the wages employers are offering,
         | this extra competition only depresses American wages".
         | 
         | Which one is it? Is it "competition for other classes, no
         | competition for my class please"?
        
         | n144q wrote:
         | I am not surprised.
         | 
         | People don't like the fact that they actually need to be
         | competitive in skills to get a job. Had there been no H-1Bs,
         | they could submit a resume and immediately get a job offer!
         | 
         | No joke. I look around in my company, Indians and Chinese
         | (among others) are good at their jobs and do amazing work.
         | 
         | Some people just don't like that. They blame not being able to
         | get a good job offer on Indians taking away the opportunity,
         | not themselves being good developers.
         | 
         | This post is the place where they can vent.
        
           | acedTrex wrote:
           | You have had a very different experience with h1b workers
           | then I have.
        
             | n144q wrote:
             | That says more about your company, and perhaps yourself,
             | than anything else.
             | 
             | Companies like Google and Meta don't pay people on H1B
             | 400k/yr just so that they walk around doing nothing.
        
           | pknomad wrote:
           | It's also missing the point. The verbiage around H1B is "to
           | help employers who cannot otherwise obtain needed business
           | skills and abilities", not artificially inflate competition
           | for jobs. This issue was contentious even during the good
           | times and I'm not surprised that it's flaring up during the
           | bad times.
           | 
           | There are plenty of smart and excellent workers who come
           | mainland China and India for sure but there are plenty of
           | people who don't or come through the abuse of the program.
        
         | returningfory2 wrote:
         | Yeah. Do people really think that Silicon Valley would be such
         | a huge economy (and a huge job creator for US citizens) if the
         | US had never allowed immigrants to work there?
        
       | Glyptodon wrote:
       | Are they accepting them in descending order of total compensation
       | yet?
        
         | ashconnor wrote:
         | This would be a great way to starve every industry outside of
         | tech of H1B workers.
        
       | bradlys wrote:
       | The working conditions for Americans suck due to this fucking
       | program. People come here to live subservient lives and bring
       | along a toxic culture of submission. The level of ass licking
       | that I see on the regular is akin to a well known Korean airline
       | going into the side of a mountain. It is insane the level of
       | deference you will find.
       | 
       | All this hype about the "smartest, brightest, etc." is nonsense.
       | I've worked with hundreds of engineers in SV who are all on H1B.
       | They are no better than anyone else. My main complaint with them
       | is that their work is fine but the culture they bring is insanely
       | toxic and does not allow for any psychological safety _at all_. I
       | know enough people in industry for a long period of time to know
       | that it wasn 't always this way. There were always problems but
       | it has hit a level that is insane. The fact that an American is a
       | minority nationality when in almost any US tech company is
       | bonkers.
        
       | cute_boi wrote:
       | I wish USCIS was very strict about those guys who is coming in
       | H1b from India incapable of doing anything and hire guy from
       | india to do all their work.
        
       | asoneth wrote:
       | I wonder if switching from a lottery to an auction would help
       | curtail some of the abuse?
       | 
       | That is, for each position a company wants to fill with a non-
       | citizen they also have to bid on the visa fee they're willing to
       | pay. The highest ~7,000 bids that month are accepted and paid to
       | the government in exchange for a visa.
       | 
       | We could debate things like sealed-bid versus open auction and
       | uniform-price versus paying your bid but whatever details we pick
       | I suspect this would allow us to discover which companies are
       | actually desperate for skills and which primarily use it as a
       | cost-savings measure.
       | 
       | (I'm also curious how much H-1B visas would cost if there was a
       | market: thousands of dollars? tens of thousands? hundreds of
       | thousands? more?)
        
         | punksatoni wrote:
         | Yes it would.
         | 
         | This would prevent abuse of foreigners who are underpaid. It
         | would also allow most of the applicants to go to good jobs
         | (FAANG) which can pay premiums salaries.
         | 
         | Reverse auction is the best way to go. Good for foreigners,
         | good for top companies, economically the best option.
        
         | huevosabio wrote:
         | Probably hundreds of thousands. A big reason master programs
         | can command such a massive price tag is that they are tickets
         | to enter the US labor market.
         | 
         | It also has the benefit of giving the government an incentive
         | to increase the quota to get more revenue.
        
       | testfrequency wrote:
       | Honestly insane how much racist rhetoric I'm reading online (and
       | surprisingly now HN) regarding this news...
       | 
       | I suppose 2025 is starting early.
       | 
       | edit: case in point, downvoted for simply saying I'm noticing a
       | lot of racism from the (you know who) crowd - as all the comments
       | against this are often followed with "trump will fix this" or
       | "your country needs birth control" or "india shouldn't be allowed
       | to get visas"
        
       | souvlakee wrote:
       | If you're interested in judging others' work in hackathons for
       | your O1 or EB1a, email me at halloumee [at] proton [dot] me.
        
       | nojvek wrote:
       | They still left the multiple applications for one person rule.
       | 
       | Seems the lobby was strong to allow consultancies like Tata and
       | wipes to continue what they are doing to get most of cap.
        
       | jmspring wrote:
       | If there are US Citizens available (even if not local), H1s
       | should not be a consideration. Period.
        
       | rayiner wrote:
       | Why is this dropping the week before Christmas.
        
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