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Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by GauntletWizard on Wednesday July 25, 2018 @06:36PM (#17613554)
Somehow, I don't see this article getting a lot of traction here on HN. I'm certain most of us have good friends and colleagues here in the US on an H1B Visa; I'm equally certain most of us have seen and experienced the abuse of the system.

H1B's stated purpose is "Specialty Occupation"s. A lot of these Visas are being used to bring in workers for very generic IT helpdesk jobs. There's still many that are granted for exceptional talents in the field of Information Technology and Computer Science, but there's also a large number granted to companies that are primarily outsourcers, whose appeal is not specialization but simply being cheap.

It's been suggested many times on HN that the regulations on H1Bs be changed to make it a bidding process - Only bring over applicants who are being paid the most. I'm not sure I agree or disagree, but I absolutely think more careful scrutiny of what's considered a "Specialist Occupation" is a step that's reasonable within the current regulations. There's a lot of complaints of Fraud and Abuse related to the program that are also being addressed with more careful scrutiny.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by gaius on Thursday July 26, 2018 @12:39AM (#17615092)
whose appeal is not specialization but simply being cheap

If there was genuinely a shortage of tech workers there would be no ageism (or any other sort of -ism) nor would there be these elaborate multi-day hoop-jumping interviews.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by dmode on Thursday July 26, 2018 @03:41AM (#17615759)
If there was such an abundance of talent, why does Google pay $125k for entry level SW jobs ? And why is SW engineering such a highly paid position ?
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by gaius on Thursday July 26, 2018 @03:58AM (#17615823)
Outside of a handful of companies in Silly Valley tech is just another office job and less well paid than law, accounting, MBAs and most other professionals. No one ever says there’s a desperate shortage of corporate lawyers and we need special visas to import more!
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by TheCoelacanth on Thursday July 26, 2018 @01:22PM (#17619127)
> No one ever says there’s a desperate shortage of corporate lawyers and we need special visas to import more!

Yes, they do. It's called the H-1B visa. Lawyers, accountants, financial analysts, physicians, surgeons, management consultants, architects, journalists, school teachers, nurses and many other occupations qualify for H-1B visas.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by dmode on Thursday July 26, 2018 @04:43PM (#17620888)
If lawyers and doctors were in abundance, their wages will reflect that
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by runamok on Saturday July 28, 2018 @07:55PM (#17635693)
Lawyers' salaries have actually gone bimodal and there is a glut.

One ref: https://www.bostonglobe.com/opinion/2014/05/09/the-lawyer-bu...

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by akhilcacharya on Thursday July 26, 2018 @03:26AM (#17615694)
Why? There is a legitimate reason for having a high hiring bar. Obviously this doesn’t make ageism or discrimination acceptable of course.
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by gaius on Thursday July 26, 2018 @03:36AM (#17615734)
There is a legitimate reason for having a high hiring bar.

The “bar” is not representative at all of the nature of the work is why. It’s artificially high in order to eliminate a glut of candidates early in the process.

I remember when there was a genuine shortage of tech workers - the dotcom boom. Hiring and compensation reflected that there was high demand and competition to hire. Outside of a very few niches now, the economics (law of supply and demand) simply don’t show it.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by akhilcacharya on Friday July 27, 2018 @02:20AM (#17623871)
>Outside of a very few niches now, the economics (law of supply and demand) simply don’t show it.

Undergrads (not me though) can make $225k out of school now easily, is that not showing it?

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by commandlinefan on Thursday July 26, 2018 @09:50AM (#17617465)
If we were actually hard to come by, we wouldn't be crammed elbow-to-elbow in noisy open offices like herds of cattle.
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by User23 on Wednesday July 25, 2018 @08:23PM (#17614150)
If the H-1B statutes were enforced as written then the total number of applicants accepted each year would comfortably fit in a large conference room.
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Wednesday July 25, 2018 @08:49PM (#17614274)
Please explain why you think so.
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by bigcostooge on Wednesday July 25, 2018 @11:56PM (#17614955)
I’m not the poster, but I’ve worked with literally hundreds of H1B workers directly, and while some were ~decent developers, the majority were not.

Even the decent developers had no special skills that would qualify them for an H1b visa, however.

With a 0% rate of qualified H1b recipients in my own experience, I can imagine that the “conference room” statement would be true.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @12:15AM (#17615018)
I am a hiring manager at an SV tech company. I have interviewed and hired many engineers on H-1B visa. They all, in my understanding, posses the required " theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor". The number of such hires definitely fill the biggest conference rooms I have seen. Also, when I attend reputable tech conferences, many speakers I meet are on H-1B.

That being my experience, I don't think the claim made by OP is true. Evidently, we have different understanding of what constitutes specialized skills. Why is a good developer not considered to posses "specialized knowledge in a field of human endeavor"?

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by megaman22 on Thursday July 26, 2018 @12:17AM (#17615019)
Because that should be table-stakes for the profession.

And too many H1-Bs are just awful. I don't necessarily blame them individually, but it's a perverse suboptimal system.

If I ever run my own business, I'm going to put a 300-800% price hike on any work where I have to interface with Tata or Cognizant, or ATT Global Services, or the other kinds of consulting bodyshops that currently employ the vast majority of H1-Bs. At least for non-repeat business. Find a decent team and giving them normal rates or better would make sense, but there are others you wouldn't touch with a thirty foot pole made of rolled hundred dollar bills.

It is just not worth the headache dealing with that caliber of people, and the cultural impedance. Unless they are willing to pay through the nose.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @12:26AM (#17615049)
> Because that should be table-stakes for the profession.

By your definition, most of the 736 players who played in FIFA 2018 world cup few weeks ago do not posses any special athletic skills - they merely posses skills that are table-stakes for their profession. Yet, most reasonable people would not hesitate to call those players elite athletes.

What I am trying to point out is that H-1B is not about finding that outstanding developer. These are people who have a high level of skill in a specialized occupation.

Edit: you expanded on you original one-liner with anecdote. I am quoting the one-liner I was reponding to here.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by megaman22 on Thursday July 26, 2018 @12:34AM (#17615078)
Personally, I'm of the opinion that educated, competent workers in useful fields are exactly the kind of people you would want to have immigrate and become permanent citizens. So the whole H1-B charade is rather stupid from that perspective- if they are really effective workers that cannot be found domestically, why put them into a shitty indentured servitude?

You deal with too many sub-par people that tick a certain box, and your estimation of people that tick that box naturally goes down. There are very good people that are chained at companies with H1-B visas, but it is hard to battle what Bayes' Theorem tells you.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by null000 on Thursday July 26, 2018 @01:21AM (#17615230)
The main problem I have with H1-B visa use cases (or at least my perception and understanding, based on the fact that I regularly see 8x2 grids of H1-B visa application stacks that go as deep as 2 novels posted as required by law at my work) is that they're mostly a vehicle to reduce wages or arbitrarily discriminate against otherwise qualified native applicants.

In the former case, H1-B visa holders are basically 100% dependent on their employers for continued employment - if they lose it for whatever reason, they get deported. This leads to flagrant abuses on behalf of the employers - demanding overtime & lower wages that they couldn't demand from those employees' domestic counterparts.

In the latter case, I work at one of the various companies that prides themselves on having an extremely high hiring bar. Of course, this doesn't really mean we hire the absolute best, it just means that we toss a lot of applicants in the bin because they weren't able to put on as good of a dog and pony show as expected - our interview process does not even kind of resemble what people at my company do on a day to day basis, or even measure the skills it takes to really succeed. So, of course, when we exhaust the local talent pool through arbitrary pickiness, we just add in the labor pool from abroad, rather than just... you know, reconsider our hiring standards and maybe give people who are already here, qualified, and looking for a good job one of those good jobs. This in turn dilutes the labor market - people who would have gotten that cushy job through merit are pushed down into positions that don't require as much luck to get, and the people who would have gotten those jobs are pushed into the jobs where you pretty much just have to chat up the interviewer, and so on.

This whole inane process is pretty much the cause of the absurdity of the American tech industry, where you either get super lucky and wind up in a lower-mid 6 figure job with crazy benefits, or you wind up in a mid- to low- 5 figure job where your boss both shits on you constantly and simultaneously doesn't really understand what you're doing day to day anyway. There's a middle ground, but like barely if my last job search is anything to go off of.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @01:10AM (#17615197)
> Personally, I'm of the opinion that educated, competent workers in useful fields are exactly the kind of people you would want to have immigrate and become permanent citizens. So the whole H1-B charade is rather stupid from that perspective- if they are really effective workers that cannot be found domestically, why put them into a shitty indentured servitude?

I don't disagree with you on these points.

My disagreement was to the unsubstantiated assertion by User23 that the number of engineers who qualify for H-1B in spirit and letter would be a handful.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by User23 on Thursday July 26, 2018 @12:47AM (#17615121)
There are 265 million professional soccer players according to FIFA* and 736 were in the world cup. If the US accepted foreign developers at the same rate, that is 0.00027%, then of the 14.6 million that would be 41 individuals rounding up. So yes, they would comfortably fit in a large conference room.

*https://www.fifa.com/mm/document/fifafacts/bcoffsurv/emaga_9...

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by TheCoelacanth on Thursday July 26, 2018 @01:27PM (#17619170)
You are misreading that document tremendously. It states that 265 million people are actively involved in playing football, not professionally, just playing in any way. That number includes "professional footballers, registered players over the age of 18, registered youth players under the age of 18, futsal players, beach soccer players and unregistered occasional players".
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by maxxxxx on Thursday July 26, 2018 @01:27AM (#17615249)
265 million professional soccer players?

Are you sure? 5% of the world population plays soccer professionally?

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @01:12AM (#17615200)
Let me repeat the question I asked above - why is a good developer not considered to posses "specialized knowledge in a field of human endeavor"?.
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by whath1breal on Thursday July 26, 2018 @02:00AM (#17615343)
I don't think the violations of H1-b law are coming from the clause you quoted.

It's coming from the parts about: 1) the employer must try to hire Americans first for the job and needs to be able to show that they haven't been able to hire Americans for the job 2) if the employer laid off people in essentially similar jobs recently before or after the H1-b application, the application is not supposed to go through 3) they need to pay the H1-bs the same wage as similar non-H1-b people at the company, or the prevailing wage of the area (whichever is greater)

I have personally seen all of these violated, would not be surprised if the vast majority of H1-bs are violating at least one of them. It's violated intentionally and everyone is doing it, because they can hire H1-bs cheaper and they have better retention (or less job mobility). Frankly it's a disgrace.

I personally am not anti-immigrant and would prefer the immigration laws to be more efficient, and spread the immigration over a wider range of jobs, instead of disproportionately affecting my profession (software engineering).

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @03:38AM (#17615746)
My understanding is that in your list:

#1 - the employer must try to hire Americans first for the job - is not true. The employer need to only attest that the employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.

#2 - if the employer laid off people in essentially similar jobs recently before or after the H1-b application, the application is not supposed to go through - is also not true. Although, it is true that H-1Bs cannot be used to break a strike, lockout etc.

#3 - they need to pay the H1-Bs the same wage as similar non-H1-b people at the company, or the prevailing wage of the area (whichever is greater) - is true

I think you are confusing the employment-based green card with an H-1B visa (the employer must attest to #1 and #2 to apply for EB green cards).

Ref: https://en.wikipedia.org/wiki/H-1B_visa#Employer_attestation...

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by lcavsh1b on Thursday July 26, 2018 @12:34PM (#17618745)
They are requirements of the Labor Condition Application (LCA), and the LCA is a requirement for the H1-b, so it is correct to talk about them as requirements of the H1-b. It's not a green card thing. http://www.visapro.com/resources/article/h1b-labor-condition...
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @12:59PM (#17618943)
LCA is a requirement for H-1B, and thus you are right that it is correct to talk about requirements for LCA as requirements of the H1-B. But, you are wrong that those listed by the GP are indeed requirements for LCA. From the link you posted:

    The Labor Condition Application (LCA) contains basic wage 
    and location information about the proposed H1B employment. 
    The LCA contains the rate of pay, period of employment, and 
    work location.

    It also contains four standard attestations that the employer 
    must make.
Those four are listed in the link I posted earlier [1]. 2 out of the 3 the GP listed do not form part of the attestations.

Again, are you confusing LCA [2] with labor certification [3]?

[1] https://en.wikipedia.org/wiki/H-1B_visa#Employer_attestation...

[2] https://en.wikipedia.org/wiki/Labor_Condition_Application

[3] https://en.wikipedia.org/wiki/Labor_certification

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by masonic on Thursday July 26, 2018 @03:08AM (#17615605)
How many of your interviewees were over age 45 and had full working status (citizens or permanent residents)?
Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by mavelikara on Thursday July 26, 2018 @03:28AM (#17615703)
About half of the candidates I have interviewed have full working status. About 10% of the candidates were, in my estimate, over 45 years.

Slightly over half my team have full working status, and about 1/5th of the team is over about 40 years.

Re:New Evidence USCIS Policies Increased Denials Of H-1B Visas by jogjayr on Thursday July 26, 2018 @03:03AM (#17615582)
See this other comment for an explanation of why you might not have worked with any decent engineers who were on H1B: https://news.ycombinator.com/item?id=17615528

Your experience doesn't mean that good engineers on H1B don't exist in large numbers. You just haven't encountered any.