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Comment by parennoob | Hacker News Reader

As an H1B, I whole-heartedly agree with you. The H1B gives American employers disproportionate power over their foreign employees.

The ideal solution which has been proposed by several people, but will probably never see the light of day in legislation due to entrenched lobbying interests is very simple – separate the visa from the employer. If an employer sponsors an H1B once, that person should be automatically be free to work for any company he/she pleases for six years. This will make H1Bs more of a realistic "high skill level" visa and less of a captive labor pool for the industry.

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I completely agree. My ideal H1-B reform would be as follows:

1) The visa holder has no obligation to the company whatsoever as soon as the visa is approved. If the only thing keeping an employee at the company is the threat of deportation then maybe the company shouldn't be employing people at all.

2) The company can not extract any fees whatsoever from the employee, not even for training or relocation. The employee is not obligated to pay anything to the employer under any circumstances, even if he immediately leaves the job.

3) The Visa program is a reverse auction on salary, down to, say, 150% of the median wage for the NAICS code. The auction ends when the cap or the salary limit is reached.

4) The company must hold the first year of salary in escrow and forfeit any unpaid salary to the government if the employee leaves early. This is to prevent hiring an employee and then firing and rehiring immediately after the visa is approved at a lower salary.

Of course you're right that no real reform will happen, because as far as the Zuckerberg/fwd.us crowd is concerned, the only problem with the current system is that the cap is too low.

President Obama's executive action proposals[1] for improving the state of legal immigration was torpedoed last week by the latest USCIS Visa Bulletin[2]. This affects many engineers in Silicon Valley. The silence from fwd.us on the topic has been particularly telling.

(edited to include links)

[1] http://www.dhs.gov/sites/default/files/publications/14_1120_...

[2] http://www.natlawreview.com/article/regrettable-and-sudden-d...

We actually have this visa and employers don't want to have anything to do with it.

EB2 visas for permanent residence are currently available [1] for employees with Ph.D., master's degree, or at least five years of progressive post-baccalaureate experience.

[1] Excluding people born in India, Mainland China, Mexico and the Philippines because applicants from those countries have exceeded the per country maximum

Yes, but that greencard processes like the EB2 take a very long time. It is difficult for an employer to sign up an employee, with the hope that they begin work 12 months later. This processing period can easily balloon out due to random audits.

Granted, the H1B process is slow too.

The H1B process is slow, but pretty much deterministic within a period of few months (every year). On the other hands, the EB1/2/3 and various O visa is very indeterministic (you won't know what happen, for how long), especially when those varies depends on the country of origin.

Another thing to think about is how this affect families with one or more parents on H1B visas.

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