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Re:Laid-off IT workers muzzled as H-1B debate heats up by titomc on Friday January 29, 2016 @01:55PM (#10997534)
H1B worker here. I understand the sentiments of being replaced by an H1B worker. I just want to emphasize that the worker is not be blamed for this. The fault is with the H1B system & the consultancies which exploit the H1B system.

1. The H1B visa is supposed to be a "skilled visa". But currently this visa is purely based on luck and not on skills & that's how many bad apples game the system. The DOL approves LCA based on minimum wages. The consultancies just pay the minimum wages and bring in the H1B employee. This minimum wage should be increased to match the salary of a skilled American worker. So that this exploitation will stop.

eg: (the salaries are approximate)

In Arizona , the minimum annual salary for LCA is 62K, the average salary paid to an American worker is 115K. Consultancy firms like TCS,Infosys and many other local "one room" consultancies pays 62K and bring in H1B employees because 62K is the minimum stipulated by Department of Labor. Increasing this minimum 62K to a realistic salary like 115K will stop this abuse.

2. There is no easy job portability for H1B workers. Switching jobs on H1B is a precarious act and if something goes wrong, you will have to be out of the country immediately, no grace period. So to be on the safer side, many H1B employees stay silent and accept lowball offers. They also have kids who are going to school and a spouse who cannot work because they are on H4. So H1B workers job portability is not really easy.

Make H1B jobs portable without any strings attached. So that if an H1B employee is paid less and abused by the employer. He/She can switch jobs easily. So this will prevent H1B abuse by the employers and they will think twice before low balling an H1B worker.

3. H1B is a dual intent visa. Once the employer starts GreenCard process for the worker. The H1B worker is literally on shackles. The rules are so strict that the worker cannot change jobs easily. Cannot accept promotions or title change for years. The worker silently accepts this because he/she has a family & kids to support just like any other American worker.

All I want to convey is: The H1B employee is not be blamed for this. The very rules of the H1B system are being gamed by the consultancy companies from India. Stopping H1B system is not the solution because all the large companies in US has huge dependency on H1B employees.

So to stop this abuse, 1. Increase the minimum wages to a more realistic one. 2. Stop lottery system and grant visas based on top salary. 3. Make the H1B job easily portable.

Re:Laid-off IT workers muzzled as H-1B debate heats up by ThrustVectoring on Friday January 29, 2016 @03:07PM (#10998082)
Replacing the lottery with a salary-based assignment seems like just common sense to me. Why should we allow over someone the employer says is worth $62k, when we could allow over someone the employer says is worth $110k?

As a bonus, it means that the minimum wages aren't relevant, since supply and demand of skilled international workers will set the lowest wage that gets admitted to the US.

This rule would unfortunately favor employers in high cost-of-living areas over low COL ones. Employees are approximately ambivalent between taking home $5k/mo and paying $2k/mo in rent, and taking home $4k/mo and paying $1k/mo in rent. But, the higher rent + higher pay scenario will get admitted well before the lower rent + lower pay.

It also incentivizes putting as much of the compensation in salary as possible, and as little as possible in other benefits.

Re:Laid-off IT workers muzzled as H-1B debate heats up by DamnYuppie on Friday January 29, 2016 @03:47PM (#10998363)
I think you miss the point of increasing the minimum salary. It isn't to bring over better people, it is essentially to make it so that it no longer makes economic sense to replace local workers with foreign ones.
Re:Laid-off IT workers muzzled as H-1B debate heats up by ThrustVectoring on Friday January 29, 2016 @05:16PM (#10998956)
I'm not opposed to a minimum salary, I'm just saying that it's pointless when the market-determined salary to convince the Xth person to work in America is higher than the minimum (where X is the number of people we want to work in America through the H1-B program). Raise it if you want, but given the salary-based H1-B allocation, the salary minimum is the same thing as the quota.
Re:Laid-off IT workers muzzled as H-1B debate heats up by serge2k on Friday January 29, 2016 @04:17PM (#10998575)
> This rule would unfortunately favor employers in high cost-of-living areas over low COL ones

> It also incentivizes putting as much of the compensation in salary as possible, and as little as possible in other benefits.

Both of these to a pretty ridiculous degree. You would have issues with companies like Amazon (who pay reasonably well and so far as I know don't abuse the H1-B system) getting screwed because they either don't pay as much in cash (they like a stock heavy comp model) or because they aren't paying people bay area money.

Re:Laid-off IT workers muzzled as H-1B debate heats up by xiaoma on Friday January 29, 2016 @08:23PM (#10999991)
Both of those factors are Amazon's choice. I really don't see how Amazon would be any more "screwed" by not getting H1-B employees they won't pay a competitive salary to than they are in not getting US citizens they won't pay a competitive salary to. In fact, if they find the prices too high, they could always hire locals!

They could also expand their presence in their SF office, if somehow an area costing a lot to live in would become an advantage. Unless there's an assumption that Amazon has some sort of unalienable right to hire foreign workers at less than local market rates, there really isn't anything unfair about it.

Re:Laid-off IT workers muzzled as H-1B debate heats up by st3v3r on Friday January 29, 2016 @04:54PM (#10998799)
I can't say I'd be that upset with Amazon getting screwed.
Re:Laid-off IT workers muzzled as H-1B debate heats up by product50 on Friday January 29, 2016 @04:26PM (#10998620)
The challenge here will be for international undergrads graduating from US universities. How are they expected to find a job when the minimum salary reqd to get an H1 is $150k+? This is why they have Level 1 Computer Programmers and Level 4 Software Engineers. That Level 1 is meant for undergrads so that they can have a chance to enter the workforce. Of course, Indian companies misuse that a lot and do classify their workers as Level 1 as well to save on cost.

Also, you are not accounting for non tech professions. For example, fashion industry doesn't generally pay as well. Do you expect that none of them are granted an H1 in that case?

The solution is much more complex than you have laid out here..

Re:Laid-off IT workers muzzled as H-1B debate heats up by dikdik on Friday January 29, 2016 @04:33PM (#10998660)
H1-B is supposed to be used when there are no qualified candidates in the US. The US is overflowing with throngs of people capable of being Level 1 computer programmers and working at the bottom of the fashion industry.

No offense at all to those in the US for H1-B, but too many citizens are unemployed or underemployed right this very second.

[deleted]
Re:Laid-off IT workers muzzled as H-1B debate heats up by untog on Friday January 29, 2016 @05:27PM (#10999038)
This is not true. Employers don't have to show that they went out looking for US workers when filing for H1

Yes, they do. They need to show proof of having advertised the job somewhere. At least, I've been through this process three times, with three different lawyers, and we've done it every time.

Re:Laid-off IT workers muzzled as H-1B debate heats up by DrScump on Saturday January 30, 2016 @04:34AM (#11001249)
Well, sort of. They don't have to answer any replies, though.

Exhaustive discussion here: https://news.ycombinator.com/item?id=10969721

But note in particular that firms specialize in coaching companies on how to fake compliance with such laws:

story: http://www.post-gazette.com/business/businessnews/2007/06/21...

video proof: https://www.youtube.com/watch?v=TCbFEgFajGU

Re:Laid-off IT workers muzzled as H-1B debate heats up by uglysexy on Saturday January 30, 2016 @02:54PM (#11003440)
"PERM Fake Job Ads defraud Americans to secure green cards"

https://www.youtube.com/watch?v=TCbFEgFajGU

Re:Laid-off IT workers muzzled as H-1B debate heats up by bsder on Friday January 29, 2016 @11:11PM (#11000443)
And invariably the job is written in a very legalistic way to make sure that nobody ever actually qualifies.
Re:Laid-off IT workers muzzled as H-1B debate heats up by untog on Saturday January 30, 2016 @01:57AM (#11000872)
There's a chicken and egg situation there. Invariably, I've applied to jobs that want "hackers!" or "full stack devs".

Neither of those jobs actually meet immigration categories. If you want to hire someone through H1B you need to provide a job spec that is needlessly specific with exact skills checked off. The kind of job that, if you saw it, you'd think "I never want to work there, they list a job as if it's a checklist of acronyms!"

Re:Laid-off IT workers muzzled as H-1B debate heats up by perseusprime11 on Friday January 29, 2016 @05:04PM (#10998873)
Not true. There are not enough qualified candidates. It still takes a long time to find people in places like New York, Boston and San Fransisco. Not every company is Apple that they attract tons of resumes from prospective candidates.
Re:Laid-off IT workers muzzled as H-1B debate heats up by bsder on Friday January 29, 2016 @11:13PM (#11000449)
> Not every company is Apple that they attract tons of resumes from prospective candidates.

If Apple can attract the candidates and you can't, you're not offering enough money.

This is exactly the point about the "engineering shortage". If there is a shortage, salaries should be going up. Since salaries are not going up, there is, by definition, no shortage.

Re:Laid-off IT workers muzzled as H-1B debate heats up by tdeck on Friday January 29, 2016 @05:56PM (#10999207)
Maybe it takes too long because the salary you're offering is too low.
Re:Laid-off IT workers muzzled as H-1B debate heats up by titomc on Friday January 29, 2016 @04:58PM (#10998827)
Each job posting has a job code. So if its for a non tech, the job code will be different as well as the corresponding salary/year on the LCA. Sorry for generalizing H1B to IT.
Re:Laid-off IT workers muzzled as H-1B debate heats up by splix on Friday January 29, 2016 @11:00PM (#11000412)
It's very common for fashion models to get O-1 visa. Just few pro photos for commercials/magazines are enough for papers, you can do that in europe. And it have no cap, so O-1 is more popular in last years
Re:Laid-off IT workers muzzled as H-1B debate heats up by shas3 on Friday January 29, 2016 @06:57PM (#10999547)
115k minimum is insane, and too high in most cases outside software engineering in certain geographical areas. There are many many other high-skilled professions that don't pay as much. I would go further and argue that current H1B regime already favors IT consulting and services companies more than any other professions. Generic skilled software engineers are pushed into the country in bulk by services companies. A completely hypothetical example: an industrial engineer with specific skills in supply chain working in say, Kentucky wouldn't earn 115k till may be 10 years into their career.

Heck, sidestepping academic/research quotas, 115k would even exclude professors from many top-ranked non-big city universities. Salary will unfortunately bias the H1B in favor of software engineering and high-cost-of-living geographical locations. Skilled professions earning < 115k in H1B include, professors, researchers, postdocs, resident doctors everywhere, engineers and accountants of all types outside big cities, etc. etc.

Working in your IT silos, it is easy for you to lose sight of the big picture.

Edit: To give you a sense of how dumb the idea is, look up assistant professor salaries at UIUC ECE, arguably one of the top 5 universities in this area in the country (or top 10 in the world, in fact), you'll find almost all assistant profs earn < 115k.

Re:Laid-off IT workers muzzled as H-1B debate heats up by titomc on Saturday January 30, 2016 @03:06AM (#11001053)
No 115K is not insane. H1B workers ought to get higher wages because of the below -

1. Spouses of H1B workers (H4) cannot work. Most spouses of H1B are well qualified advanced degree holders. Currently they idle their productive ages sitting at home. The H1B worker has to look after his/her home with a single source of income.

How will you feel as a citizen if someone restricts your spouse from having a job, though he/she is well qualified with advanced degrees ? How will the spouses feel when they are restricted by this 'out of the world' rule that spouse of an H1B cannot work ? How is this different from the Saudis that women can't drive cars ?

2. H1B workers cannot have a secondary source of income. So he/she has to do with a single income source unlike others who can work multiple jobs.

3. H1B workers pay social security and medicare for nothing. H1B is a 6 year visa. Why should H1B workers pay social security & medicare tax when they are allowed to work only for 6 years ? They do not have any use of these taxes. They will not be present in US at the age of 65 to reap the benefits of these taxes that they pay. So a higher salary will compensate this unnecessary loss for an H1B worker.

4. H1B workers cannot make a job change very easily, nor can they switch jobs if they are fired. They should immediately leave the country (imagine vacating the apartment,selling car,taking kids out of their school) else face deportation.

So 115K is not insane, it's a minimum. H1B workers ought to get paid more because they are losing a lot by these draconian restrictions imposed upon them by the H1B system.

Re:Laid-off IT workers muzzled as H-1B debate heats up by shas3 on Saturday January 30, 2016 @01:31PM (#11003070)
None of 1-4 are addressed by minimum salary requirement. All that it will do is make it impossible to hire h1bs to certain professions, like faculty at universities located in remote college towns or industrial engineers at a factory in Arkansas. But what will address 1-4 will be, providing H4 EAD, relaxing rules to encourage enterpreneurship, and job portability.
Re:Laid-off IT workers muzzled as H-1B debate heats up by nroach on Friday January 29, 2016 @08:49PM (#11000097)
Right, so raising the minimum will actually drive up or preserve US wages. It's a win-win. H1B workers who do accept positions get paid well, and there's no incentive to companies to hire H1B just because workers will be cheap.
Re:Laid-off IT workers muzzled as H-1B debate heats up by uglysexy on Saturday January 30, 2016 @03:17PM (#11003543)
True. The wage metric to use in the hiring of an H1B worker should be the top end of the salary range of that job description for the city or area PLUS a 10-20% premium. This ensures that the company really needs to bring someone in and raises the bar on the quality of H1B workers getting hired. If companies are paying a premium, they're going to make sure they're not getting low quality or inexperienced workers with degrees from diploma mills.
Re:Laid-off IT workers muzzled as H-1B debate heats up by shas3 on Friday January 29, 2016 @10:13PM (#11000314)
Huh? If you think assistant professor salary in UIUC will go up because of H1B minimums you are probably living in a parallel universe.
Re:Laid-off IT workers muzzled as H-1B debate heats up by uglysexy on Friday January 29, 2016 @06:14PM (#10999299)
It's a natural/normal reaction to have negative feelings towards the H1B worker. However, the people to blame are American companies (Big Business/Corporate America), U.S. universities & colleges (who charge foreign student 3-4 times higher tuition by offering chance to work in the US and then provide American companies with cheap labor via the F1 OPT loophole), corrupt politicians in Washington DC (most are bought), the US Dept of Commerce and the Dept of Labor.

The wage metric to use in the hiring of an H1B worker is the top end of the salary range of that job description for the city or area PLUS a 10-20% premium. This ensures that the company really needs to bring someone in. An entry level engineer in SF/SV would have the tier 1 salary apply to them while a senior engineer would get the higher tier.

The problem isn't just the definition of 'prevailing wage' or the use of the lower tier 1 salary figures for senior positions. The problem is the lack of enforcement by the goverment agencies approving these visa applications.

Re:Laid-off IT workers muzzled as H-1B debate heats up by ppoint on Friday January 29, 2016 @04:00PM (#10998459)
> The DOL approves LCA based on minimum wages

Is this true? I thought that the salary of H1b worker must match an average paid for this kind of position in this area. In fact, I'm fairly certain that the company sponsoring H1B must supply documents showing they did the research, on both wages and the fact that they couldn't find anyone in the US to do this kind of work.

Re:Laid-off IT workers muzzled as H-1B debate heats up by ones_and_zeros on Friday January 29, 2016 @04:11PM (#10998531)
The wage for a Level 1 'Computer Programmer' in SF is 66k/yr[0].

The wage for a Level 4 'Software Developers, Applications' in SF is 138k/yr[1]

Which option do you think employers choose?

[0] http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-11...

[1] http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-11...

Re:Laid-off IT workers muzzled as H-1B debate heats up by ppoint on Friday January 29, 2016 @04:17PM (#10998577)
Ah, I guess if you do want to game the system there is plenty of room to do so.
Re:Laid-off IT workers muzzled as H-1B debate heats up by curun1r on Friday January 29, 2016 @04:45PM (#10998732)
From what I've seen at my employer, H1Bs end up getting paid less simply due having a different set of priorities. We don't discriminate between citizens and H1Bs when crafting an offer for employment, but citizens are far more likely to try to negotiate for more compensation whereas H1Bs are more interested in getting an EB2 and are even willing to sacrifice salary to get that.

It wasn't until I hired a few H1Bs that I understood that the H1B discount isn't just a simple wrong. When looking at H1B compensation, we should probably also include additional legal fees paid on behalf of the worker rather than simply comparing salary to salary if we want an apples-to-apples comparison.

Re:Laid-off IT workers muzzled as H-1B debate heats up by tryitnow on Friday January 29, 2016 @04:32PM (#10998657)
Thanks for this post. It explains a lot.

Unfortunately, if the changes you propose are implemented then that means a lot of H1Bs will lose their jobs.

Like it or not, the value proposition for employers is that H1Bs are cheaper and more dependent. Remove those two factors and US companies will just hire currently unemployed US workers.

This is fine for everyone except the H1B workers, so while you plan is well-meaning in its intent not to blame H1Bs it would have the effect massive job losses for them!

Re:Laid-off IT workers muzzled as H-1B debate heats up by untog on Friday January 29, 2016 @05:28PM (#10999046)
Unfortunately, if the changes you propose are implemented then that means a lot of H1Bs will lose their jobs.

This is true - but there's no need to apply it retroactively. You can just change the regulations for the next batch of H1B participants in 2017 - the visa only lasts six years anyway.

Re:Laid-off IT workers muzzled as H-1B debate heats up by uglysexy on Saturday January 30, 2016 @02:37PM (#11003358)
H1Bs won't like this answer, but it should be retroactive to all visa holders. Six years is six years too long to wait to fix things and get the situation to turn around.
Re:Laid-off IT workers muzzled as H-1B debate heats up by phyous on Friday January 29, 2016 @03:24PM (#10998210)
> 2. Stop lottery system and grant visas based on top salary. > 3. Make the H1B job easily portable. These two seem at odds.

Granting H1 to top salaries mean only big companies will be able to afford these visas. What happens to an H1 holder that starts off in a 200k position and wants to leave to a 150k+equity position?

Re:Laid-off IT workers muzzled as H-1B debate heats up by Terr_ on Friday January 29, 2016 @04:24PM (#10998611)
> Granting H1 to top salaries mean only big companies will be able to afford these visas.

No, it means that companies-in-general will only use the H1B system for roles that are actually difficult to fill, domestically.

How difficult? Difficult-enough that the pay is high, that's how difficult.

Re:Laid-off IT workers muzzled as H-1B debate heats up by steego on Friday January 29, 2016 @04:00PM (#10998456)
> Granting H1 to top salaries mean only big companies will be able to afford these visas.

No, it means only very profitable companies will be able to afford top talent. That's the idea.

> What happens to an H1 holder that starts off in a 200k position and wants to leave to a 150k+equity position?

It doesn't have to be based on a single form of compensation. You could adjust for equity based compensation and adjust the lower limit accordingly. Even if you didn't adjust for equity based compensation, you'd be far better off than the current lottery based system.

Re:Laid-off IT workers muzzled as H-1B debate heats up by ones_and_zeros on Friday January 29, 2016 @03:22PM (#10998197)
Giving out visas based on salary will expose the system as the unfair and useless system that it is.

Suppose we raise the minimum salary to say 120k/yr, or if we use the salary to determine the order, what this will signal is that the more you are paid the more you are needed. And since this visa is for the best and brightest we will see that, hey, my manager/dentist/lawyer/doctor makes double what I make, that would indicate to me that we need more of those best and brightest from around the world.

But that's not what this is, there is no shortage that we need to address. We educate and train plenty of American citizens to fill these rolls. It is corporate welfare that the government is all to willing to play along with.

Re:Laid-off IT workers muzzled as H-1B debate heats up by kjksf on Friday January 29, 2016 @03:46PM (#10998359)
Please follow up this by describing how many trained americans have you effortlessly hired for software engineering positions recently. What is your secret?

Or perhaps you're talking about things you have no first hand experience with, which would greatly diminish the value of opinions you held about shortage of programmers.

Re:Laid-off IT workers muzzled as H-1B debate heats up by alistairSH on Friday January 29, 2016 @04:04PM (#10998488)
I was able to fill 7 technical positions last summer. 3 new graduates (all CS degrees), 1 with an Assoc degree in unrelated field (plus a really good interview, and persistence), and 3 experienced (2 with MS in CS as well).

Was it effortless? No, not remotely. But, hiring an skilled employee shouldn't be effortless. And the positions were filled in time to meet objectives.

edit - formatting

Re:Laid-off IT workers muzzled as H-1B debate heats up by ones_and_zeros on Friday January 29, 2016 @04:03PM (#10998484)
I do what every other employer serious about attracting talent does, I increase my compensation package until I get the skills I am looking for. That is typically how labor markets work.
Re:Laid-off IT workers muzzled as H-1B debate heats up by outworlder on Friday January 29, 2016 @04:03PM (#10998483)
> But that's not what this is, there is no shortage that we need to address.

If believe that makes you feel better, then fine. It is not true for all sectors. Not remotely true for many specialized job descriptions. And not all jobs can be performed after a 6 month training period.

Now, these cases have nothing to do with "shortage", but rather, replacement. Disney's H1-Bs were not hired "in addition to" the existing workers, existing workers got replaced. That's bad.

Re:Laid-off IT workers muzzled as H-1B debate heats up by sliverstorm on Friday January 29, 2016 @03:31PM (#10998270)
It's hard to believe the system is totally useless. Do you believe there is no field that legitimately needs the H1-B program? Exotic research specialties come to mind.
Re:Laid-off IT workers muzzled as H-1B debate heats up by ones_and_zeros on Friday January 29, 2016 @03:37PM (#10998300)
There is a visa for top of field immigration, the O-1.

But even that visa is being gamed, see the Peter Roberts AMA here from a few weeks ago.

But the fact of the matter is a majority of H-1B visas go to positions that are bottom of the totem pole, back office development and IT. I mean 80% of them pay on the lower tiers of the pay scales. Seems an awful waste of talent and an overall raw deal for the worlds best and brightest.