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Re:Spouses of Some H-1B Visa Holders to Be Allowed to Work by diogenescynic on Thursday May 08, 2014 @11:28AM (#7715787)
1. An awful lot of tech workers make under $40k, even under $30k. The average H-1B salary is roughly $70,000. There's a smaller percent at the top-end that skew the average up. The vast majority of the H-1Bs I saw were making $50,000-$65,000.

I think you misunderstand the process. First, the DOL sets the prevailing wages, but the employers choose what location, title, and experience level to apply under. Check this out: http://flcdatacenter.com/CaseH1B.aspx Play around with it and see what you find.

Now, say you're a company and you have multiple locations. You apply for the employee at the cheapest location, then pick a title that will get a lower prevailing wage, and say they are entry level when really they have 5 years of experience. So the prevailing wage determination is skewed. This is what I mean about telling a white lie. Anything that is available to companies that has a monetary reward for telling "white lies" to the government and depends on the companies "being honest" let alone understanding or agreeing with the overarching intent of the legislation -- is going to have the absolute shit abused out of it eventually.

If a Software Engineer gets a higher prevailing wage than a Software Developer (or vice versa) according to the DOL. Which title do you think the employer will pick to apply under?

2. I've seen multiple cases filed for L-1s around $15,000 and many more for around $25,000-$28,000. The L-1s get around the prevailing wage requirements by companies providing corporate housing and ammenities and meals at work. I worked on thousands of cases, so I am going to believe my sample size is more representative than your anecdotal experience.

3. This is an intellectually dishonest argument. Trading goods is not the same thing as employment. Stop trying to conflate them. And even still, following your argument Americans are still 'employing' millions in India via imported goods. It's still completely one-sided.

4. I disagree, I don't think India and China should get preferential treatment for having a larger population. That's ridiculous.

5. Again, I've seen this happen many times. The bitter truth H-1s appeal to employers because employers see them as exploitable, cheaper, and more ignorant of local labour customs and laws.

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