60 Days to Find a Job or Leave the Country
restofworld.org
restofworld.org
90 days is the typical tourist visa duration; that seems more reasonable as a minimum duration to me.
Does it need to be 180 days? 364? I just don't know, but 60 seems too low.
90 days if you are let go during your first year of working in the country.
180 days if you have been working in the country for more than a year.
365 days if you have been working in the country for more than three years.
Why is that?
Bayesian inference.
I think that's what the debate ends up being about in a time like this. If there comes a broad tech recession, should the US government prioritize the needs of US citizen/permanent resident tech workers or the needs of H1B tech workers? As much as I believe we must treat everyone with dignity, it seems eminently reasonable for the US government to prioritize the first group over the second group (and even unreasonable to not do that).
But the reality is they already are. Hiring someone on H1B results in lawyer fees and visa fees. Every company is already incentivized to hire domestically.
Which I do agree is 100% fair. However how is extending the grace period beyond 60 days harming anyone?
Or perhaps you are in the xenophobic camp, which is just sad.
Why would anyone want to uproot their life and move here for the mere opportunity to live in the US for 4 years and have to uproot your life again? Are you supposed to be celibate for 4 years? The limits you are suggesting only discourages assimilation or giving a fuck about your life in the US since it’s only temporary.
Also wage-supressing? You are supposed to pay market rate to H1B workers and since they work in the US and not off-shore this isn’t the money saving scheme you think it is.
Besides all the H1B salaries for your company are published in a national database and have to be prominently displayed (aka printed and posted to some board somewhere in your office), so one could argue it does actually help wage transparency.
Lastly, as to your genius point about training your replacement. If you can only be employed by a company for a certain period, you would technically not be an FTE, but a contractor. Most companies have policies barring any contractors from training FTEs (because it creates perverse incentives and opens companies up to discrimination lawsuits).
The wage equation is simple. More available labor means less wages. Nobody debates this.
Let's not act like people here on H1B are some kind of humanitarian cause. They're the brightest and most educated in the country (according to H1B proponents anyway).
My goal is to lift up impoverished people domestically. The best way to do this is to have more white collar jobs that lower-level workers can move into. If those roles are always filled, there's no need for scholarships or apprenticeships from companies to train the next generation of workers. They get to push the problem on the university system, and then ignore the vast majority of those graduates because they're only hiring 'senior level' positions.
There are many reasons why companies hire H1B people and if you do as you suggest you remove any incentive for anyone to want to pursue H1B. The effect will only be detrimental to the US economy.
As a highly skilled immigrant I have personally generated 10s if not 100s of millions of dollars in profits for the US corporations. There are already very strong incentives for companies to hire domestically, that already work to filter our the best and brightest and most capable people in the industry. Plus the US has spent $0 training those people.
By the way I am not saying the US is obligated to hire H1B workers as some humanitarian cause, but if the US wants to continue hiring immigrant workers it has to be mutually beneficial.
The only lawful reason to bring in an H1B is that you cannot find that skill domestically. That's how the program works. Obviously, the program is being exploited by corporations to bring in low-wage workers that are beholden to them.
I’m all here for uplifting people in the US, but what you are advocating for is blatant exploitation. D As an older individual I have trained many younger professionals. I have and continue to be involved in university recruiting and many programs that support minorities in tech. How is that not contributing positively?
If I was only allowed to be in the US for 4 or however few years, why would I give a single fuck about “girls who code”, or anything else that doesn’t maximize my financial gain the short term I am allowed to remain here?
Also I would like to point out to you the difference between “non-immigrant visa” (which most visas fall into this category) that does not guarantee you a path to immigration if you choose to not pursue it, and imposing arbitrary limits on how long an individual can live and work in the country of their choice proven they are able find employment and sustain their life.
> How is that not contributing positively?
You understand that universities are the #1 gate keeper for the impoverished, right? Your company can afford to be highly selective with hiring candidates from universities because immigrants have created a surplus of labor. If there were not immigrants in these high paying jobs, the university pipeline would be inadequate to fulfill hiring goals, and they'd have to invest in either putting more people into universities or providing them with apprenticeships.
A lot of things you seem to believe are incredibly backwards. Please educate yourself, because you do come off as xenophobic.
Good place to start: https://www.americanimmigrationcouncil.org/research/h1b-visa...
> Please educate yourself, because you do come off as xenophobic.
I do not care about foreign workers, only domestic workers. I don't think immigration should be tied to employment for any reason. It has nothing to do with cultures, or races, or nationalities, it has to do with wages. There are too many poor people in the US that are not able to move up economically for a variety of reasons, one of which is a large influx of white collar labor.
How is it being abused? E.g. it is perfectly legal to apply for a green card after your H1B and there are quotas for immigrants from each country. Alternatively, after living in a country for 5+ years someone may marry a US citizen. Should it be banned? Are we to impose a ban on dating anyone who is not a US national?
> I don't think immigration should be tied to employment for any reason.
So what should immigration be tied to then? What are other reasons for someone to be in the US for extended period of time.
> I do not care about foreign workers, only domestic workers.
Replace "workers" with "people" and here you have the reason why you are a bit xenophobic.
> There are too many poor people in the US that are not able to move up economically for a variety of reasons, one of which is a large influx of white collar labor.
There is literally no evidence to support the claim that white collar skilled immigrant workers do anything but create MORE job opportunities in the United States.
Are they not atleast lower wage when compared to domestic workers with similar qualifications?
Average h1b SWE salary is $109K, average SWE salary in the US is $108K
Of course average does not particularly prove one thing or the other. You can however look up your employer and compare the compensation to your own https://h1bdata.info/topjobs.php
A static time limit, I feel is wrong for somethimg that is so fluctuating. Especially in current climate.
The H1-B program is designed* to provide labor force supplementation when no citizens/permanent residents can be found to fill a given position.
In a prolonged recession, I'd expect the median time to find a job to go up substantially, but also for the argument that "we can't find any permanent residents to fill this position" to be substantially weakened.
* - at least ostensibly.
Considering barriers to actually interviewing and assessing someone who is abroad, and how long it takes for someone to actually get a brand-new H1B and move to the US, 60 days just does not seem like incentive enough.
Besides what is the downside of allowing people to remain longer? They don’t have access to majority of benefits citizens get, yet they pay same (but also due to highly skilled job nature much higher taxes)?
I'm not arguing whether this is good or bad, but that seems to be the intent.
When it's higher, this deliberately sets a higher bar for foreigners.
These time limits are maxima, but are usually granted for people already living in Germany if their livelihood is secured and no other important aspects speak against it, such as a criminal record.
There is no time limit if a foreigner has an open-ended residence permit, which is possible after 5 years living in Germany (additional requirements apply).[2]
[1] § 20 AufenthG, see: https://www.gesetze-im-internet.de/aufenthg_2004/__20.html (in German)
[2] For mor infos see: https://www.bamf.de/EN/Themen/MigrationAufenthalt/Zuwanderer...
It's the only place I know of that doesn't have a clear, fixed-time based, permanent residency program, without quotas.
As an example, in all European countries that I know of, permanent residency works like this:
- you need to fulfill some prerequisites (usually a civics course/test, a language course/test, no criminal record, be employed or in education)
- then you need to be in the country for N years
- then you need to apply and you generally get the result in a few months, maximum
That's it. For the average person the "hard" requirements are actually: learn the local language up to the required level, spend N years.
It doesn't matter where you're from.
It isn't what could be described as malevolence, see those US green card policies that make the processing time for some cases take decades.
For instance, in France, currently some departments have a fixed number of interview slots per month, meaning people either have to hack their way into finding an available slot (e.g. using scripts to refresh the website in the middle of the night and hope to wake up when a slot becomes available; good luck if you don't know how to hack the system yourself), or they have to pay scalpers to get an appointment.
Then, you get assigned a pre-interview slot, which can take as long as a year of waiting. If you are lucky and everything works out, in the pre-interview, you will get assigned an actual interview slot. Which will be communicated by letter. And which can take yet another year of waiting.
Then, when the actual interview takes place, they give you no definitive answer for almost a year. You only know if it worked out at the end of the process. Overall, the "be in the country for N years" can thus become "be in the country for N+3 years, while not being sure that the next step will actually work or you will be sent back to the beginning"; also, hope that no politicians change the system in the meantime, since all of this is unspecified, so that they can change the rules at any moment and there's no one to complain to.
Of course, your mileage may vary; if you are rich enough to live in Paris, you will probably get better treatment.
So, the US is definitely bad, but the real situation in some Europeans countries is not as good as it looks like.
What is the differences between a person being of specific race or gender and a person born in a specific country? All of them are not a choice they made. If there is no safety reasons, i.e coming from a hostile country, why should a person born in India get treated completely different from someone born in the US? That is just racial discrimination to me.
I read it somewhere and still think it is true: if a native can't compete with a foreigner on their home soil, it just means the native lacks qualifications.
Do not get me wrong, this is hard for every single person and sucks in a general economic turndown where the issuing country is no longer in need of foreign specialists.
And there is absolutely a penalty. Every step of hiring is more difficult for a foreigner than a native, down to the interview step. The need for a sponsorship is a barrier for hiring since that is an extra cost. Approving and reporting a foreigner to the IRS is more involved. Requesting an SSN and doing background check on someone from another country is more expensive. Maintaining a foreign hire is risky due to H1B lottery, etc. And yet the companies are legally required to pay these H1Bs the same salary on top of all the extra costs. Those are definitely penalties for hiring a foreigners imposed so that a native hire is more desirable.
You can argue those are not meant to be punitive policies, but in effect they are acting as deterrents. And yet everyone is still hiring H1Bs. How many Indian and Chinese do you work with? That should say just how much the US economy depend on these high skill immigrants. Yet they get treated like disposable slaves.
That would be nationalism or xenophobia, not racism.
Generally speaking it's an organizational issue, determining who can do what on a mass scale.
It's not inhumane or something to have visa only for work and not for indefinite residency. If the work visa was defacto a permanent residency visa, no one would give it and no one would get it.
Honestly, I'm not sure what use you see from asking this question.
It's reasonable to ask why your country of birth owes you anything. Keep in mind not every country gives you citizenship from birth, so it raises the question of whether what you're saying really is correct.
I would suggest if someone has worked somewhere for a decent amount of time they should not be disposed of so easily as the person in the article.
But that question wasn't. It was bad faith "gotcha!" question.
There's why does any country owe you, and why does your country of origin in particular owe you.
Your country owes you citizenship even if you don't pay your taxes. It may punish you in other ways, but not by taking away citizenship.
- People who can't "defend the country" don't get these rights: women, children, old people, people with religious exemptions, people with an unreasonable fear of being violently killed.
- People who promise to come and defend will get these rights, regardless of where they were born? Do they just make a solemn oath or do they have to do boot camp and maintain their skills?
I hope you can see this is not where your rights come from.
Because its a UN convention.
But for the purpose of this discussion, I'm assuming a person already has a country they belong to which does give them the right to stay.
No other country owes you the right to stay. Singapore does not owe me the right to be there, let alone stay there. Each country is free to decide the rules for who it allows in and how long it allows them to stay and under what conditions.
It's not a "human right".
A “human right” is a social term defined by the demands of the people living in that time collectively. There is no list we can check off, it is what people demand and can fight for.
By asserting the right they very well could be /creating/ it.
The beauty of human rights was that it was supposed to be a well-defined set of core things. Which can't be granted, they just shouldn't be stamped on. But now „human rights“ is becoming a very polarised topic with many bits where person A is forced to do provide something to person B because it's „human rights“. Does person A has a „human right“ to refuse to provide his service?
If it was supposed to be a a well-defined set of core things, where are you drawing that set from?
Can it be a non-questionable human right to force others to provide you something?
Granting people that others will provide them something is fine. But it must be possible to discuss such topics. Human rights, IMO, shall be a very pure set of things that are not up to discussion, even with rather fringe views. Regardless of political quadrant. Of course, some freaks will always question anything. But wide wide majority (think 95% if not 98%) shall sign off on that.
People wanting to live in San Francisco aren’t the problem, housing red tape and nimbys are
The whole welfare system is based on the requirement that it only applies to a selected few and adults today support the elderly so they can retire under the assumption that children will pay the adults for their retirement. If you open up the welfare system for 7 billion people that haven't contributed, it will all collapse.
Permanent residents have some access to welfare, but there isn’t a straightforward path from work visa to green card.
Who is suggesting US welfare has to support 7 billion people?
That's the result from advocating free movement or no borders considering stats such as 52% of Africa's youth wanting to relocate to Europe or US. Unless you dismantle the welfare state. But it's possible that I misunderstood what the person meant with the 20th century comment.
Opening US borders for a free-for-all would be of course a disaster. But even that is a bit of a stretch to say that entire world’s population would move to the US.
People used to be highly mobile (and continue to be). The Americas were settled by millions of Europeans and Africans before the United States even became a country. South Asians were moved to Africa during the colonial era en masse. Vikings settled all over Europe and even Istanbul. The Huns, Goths, Romans, were all on the move.
It is in fact inhumane. It is also "or something" if you mean "unethical" by that.
The purpose of the arrangement is to obtain easy to exploit workforce to undercut the one locally available. The fact that it is precarious and exploitative is not an accident, but the goal.
Is missing from the title imo. Since it said "rest of the world" .org, presumably a joke regarding USA-centricity, I was expecting it was about something other than the USA. Joke's on me!
Another thing, I've noticed everyone on an H1B already knows the responsibilities of holding this temporary visa. This type of article is nothing but complaining without providing a solution. Yes it sucks, but naivety to your responsibilities as a visa holder and to something that can happen to you is immature. And also risks putting other immigrants and visa holders in a bad light.
I've seen more and more of these types of writing regarding the H1B, visas, and the immigration system in light of the layoffs but I feel they are doing more for negativity than any positivity at all. If this could assist in anyway in moving towards seeing what the actual problem is in the system then ok but it didn't read at all like that tbh.
The government can do something to catch and filter the companies but I think they are partly playing a role in their existence and continued business. When you talk about great revenue sources, do you mean for the gov? If so, probably both directly and indirectly. Probably part diplomacy sprinkled in
https://careers.walmart.com/results?q=software&page=1&sort=r...
Do these^ companies hire foreigners via H1B?
I don't know if this is true, but I've heard — because of the lottery/uncertainty involved — that these companies instead park foreigners who they want to hire in their offices in other countries (such as Canada/Europe) for a while and then bring them in via L1 visa.
Don't know if this is true or common though.
I have worked with many Indian programmers over the years. I only ran into a very small amount who were not brilliant, but were average. The rest where brilliant, and a few I learned some cool tricks from. For young Americans, most were good but none approached the level of smarts most of the Indians I worked with.
The US should send observers over to India and study their education system :)
2. of the smartest and most motivated people, consider those who are interested in moving to the US
3. allow a tiny percentage of these to do so
This is going to result in you encountering near-uniform brilliant people out of the starting population of 1 billion
I was facing the reality of having to go back to “my country”, but I had no surviving family, no money and no support system. I didn’t really have anywhere to go back to. It was scary. Ultimately I ended up having to get married to remain in the country where all my personal belongings were.
So I do agree, 60 days is not enough time, it should depend on how long you have been in the country.
Second time I felt that way was 2016 when trump became president, my coworker, canadian national of iranian background, also a GC holder was denied entry back to the US after he went to a conference in Canada, because Trump. It was mortifying, that someone could arbitrarily decide you are just not allowed to come back to the place you’ve been living in for years.
It isn't automatically a path to a green card.
It's a self-fulfulling prophecy of the country not improving because the people who could improve it leave (and not for humanitarian reasons). They may not realize it, but they are actively contributing to the reasons that pushed them to move.
I know that it's hard to hear, but if you're not good enough as a programmer for the most wealthy and cut-throat market in the world, you have at least gained enough experience to be a good senior engineer or manager or even founder back home.
PS: the 1st reason is family.