Tech companie use the H-1B visa program at a time of mass layoffs
epi.org
epi.org
* No more points, education requirements, etc. Application acceptance is sorted by total-comp for a minimum 2 year contract, highest wins. Bar is set at the 90th percentile, no more quotas.
* Once they are in, from day 1 they can leave their contract at any time, and they have 1 year to find any job that has at least 80% of the total comp. New company has no paperwork to file.
* No more country based green card quotas or backlogs. If they've been in the US in good standing for N years, they get the card.
This system would mean that employers actually have to provide great working conditions and compensation to H-1B's, which preserves the working conditions for local workers. It removes the "2nd class" treatment of what are very valuable additions to the country.
It's absurd that every other nation is allowed to prioritize the employment of their own people but the US should just bring foreigners in to do the job for less. H1-B is a total scam as it stands.
I’m not sure where this idea that H1B employees are underpaid comes from. When you consider the wage requirements, and the fact that a company is required to cover most of the costs of the H1B process, an H1B worker almost certainly costs more to the company than a non H1B worker, with additional risks (such as their visa being declined at any point requiring the company to spend potentially tens of thousands of dollars in lawyer fees to intervene).
The one advantage that H1B workwrs provide companies vs non H1B employees is that they cannot switch jobs easily, because the constant renewals mean they would need to justify the expenses to each new company, and many companies simply do not accept H1Bs because of the costs and complications involved.
The difficulty in moving jobs is also evidence of the fact that companies arent just dying to hire H1Bs for the sweet low wages.
Edit: What’s actually absurd is that the US has the highest wages in the world by far for industries in which H1B employees can work, and people think that this is bringing down their wages. Oh, also the people who do think this have absolutely no idea about how the program works, what costs are involved, how employers actually think about hiring an H1B worker (avoid unless absolutely necessary), and how much H1B workers contribute to the economy.
They also can’t seem to make the obvious connection that if the H1B program didn’t exist, the people doing those jobs wouldn’t stop existing. They would go back to their countries where they will do the same work at a fraction of the salary they were being paid in the US and still enjoy a dramatically higher standard of living. As opposed to being paid more than their colleagues, while paying US taxes and receiving absolutely 0 benefits from the government.
Every H1B employee paid taxes to fund the government handing out free money to Americans over COVID. 0 H1B employees received a penny from that money even as their American colleagues who did the same work, and paid the same taxes, got hundreds of dollars back.
But as the source article touches on, most H1B visas are sponsored "staffing firms", whose business model pretty straightforwardly involves cheating the system. Could Disney World lay off their tech workers, then turn around and sponsor H1Bs at a lower rate? As you correctly identified, no, that's not allowed. But what they can and famously did do in 2015 is:
* Lay off their tech workers.
* Pay Cognizant and HCL, two staffing firms, to provide substitutes at a lower cost.
* Allow Cognizant and HCL to sponsor H1Bs at a lower rate, arguing (perhaps honestly!) that they've tried and failed to recruit American residents.
Given the prevalence of this business model, and how openly contemptuous it is of the intent of the H1B program, it seems fair to wonder how above-board the program is in general. If you ask a lawyer for help running your H1B recruitment program, are they going to walk you through how to avoid hiring H1Bs unless absolutely necessary? Or are they going to help you figure out all the tricks to get more people so you can hit your headcount goals?
It not absurd, they’re the reason we have over half our jobs. Your thinking is too short term and ultimately very destructive.
Trump implemented this but the courts rolled it back because of a technicality. The secretary of the department hadn't yet been confirmed by Congress, or something.
https://law.justia.com/cases/federal/district-courts/califor...
> Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court concludes the rule must be set aside
I hate knowing that every H-1B employee I see is filling a job that an American could have had.
In principle a well-implemented visa program picks up people with required skills rather than just simply increasing the size of the available labor pool to suppress costs of labor. If the current program doesn't achieve this, then it certainly requires an overhaul. But abolishment (i.e. closing the labor market to domestic candidates only) doesn't do anything to further the economic health of your country.
If employers need 1,000 neurosurgeons, but only 800 exist in the US, no amount of pay is going to magically create a new neurosurgeon.
From what i understand it takes more than a decade to create a new neurosurgeon.
No amount of money can create one today.
https://www.nytimes.com/2015/06/04/us/last-task-after-layoff...
If anything, the H-1B program should be augmented, and employment-based green cards should not be linked to how nice your employer is.
It makes far more sense to enforce basic employment laws than pretend employers aren't willfully negligent in their hiring practices
Those people are exactly what any red-blooded American should want immigrating here, lest we alienate them so that they go back to China and start the Jet Propulsion Laboratory there.
https://en.m.wikipedia.org/wiki/Qian_Xuesen
Protectionism, Xenophobia and/or Racism actually costs a LOT economically. We’re much more affluent when we attract and retain the greatest talent in the world rather than block them from working here.
AFAIK there is nothing currently stopping a US company from hiring a person, sponsoring them for an immigrant visa, and then waiting for that immigrant visa to be issued before the person relocates to the US. The main issue with this approach is that it takes many years for immigrant visas to be issued and companies want people to relocate right away. If an individual could use a current I-140 to get an infinitely-renewable non-immigrant visa I feel like that would resolve most complaints that we see about the H-1B here on HN.
If the H-1B visa was changed like you describe above I think it would leave a gap in available US non-immigrant visas. I think that gap would end up being filled by a new type of non-immigrant visa functionally very similar to the current H-1B. The H-1B visa serves an important purpose[0] which has been wildly distorted by tech companies using them for permanent employees on the pathway to permanent residency.
[0] Its intention was to provide US firms unable to find specialist workers locally with a means to fill vacancies with temporary workers.
What is the purpose of an H1-B? How does the H1-B holder benefit, how does the company benefit, and how do the citizens in the US benefit? What is the cost to US citizens, the cost to companies, and the cost to the H1-B holder? What are risks of the H1-B program?
How would you compare and contrast the import of serf/slave/unprotected/under-the-table labor, unskilled labor, skilled labor, and capitalist "labor"?
> Application acceptance is sorted by total-comp for a minimum 2 year contract, highest wins.
How might this be gamed?
> No more country based green card quotas or backlogs.
Why do you think this policy is in place? Do you think assimilation is important?
Are there elements of other cultures you do not like? Do you like the caste system? Do you like Gaunxi? Do you like islam? If war were to break out over Taiwan, do you trust Chinese? How do you feel about foreigners owning property? How do you feel about foreigners being a landlord? How do you feel about going to a restaurant in your own country and not seeing any English? How do you feel about going to a restaurant and the server not speaking any English? How would you feel about immigrants not going through public education? How do you feel about groups of co-workers speaking their own language to each-other and generally not being a part of the greater company/community?
I am not asking all these questions out of a sense of xenophobia, nor am I asking them because I think they have an obvious answer. I consider myself a deeply liberal person and I am a little dis-comforted by some of those.
I have Chinese friends (well, friends of fiends) on H1-B's that defend China's imprisonment of Hong Kong protestors, the idea that America Caused those protests, the idea that China should control Taiwan, the idea that Uygher genocide is American propaganda, that even if it isn't, it is not justified to question it because America genocided the Native Americans, think America is an evil colonial empire who caused Russia's war of aggression on Ukraine, and buy property to rent out to other people. As liberal as I am, I really would prefer those people not to be in America.
There was a Ranch Market down the street from where I used to live in Phoenix where they didn’t even pretend they were located in the US — everything, and I mean everything, was in Spanish.
Which I didn’t mind too much as they had pretty good prices and I know enough Spanish to not starve to death. The deli was actually really good.
There was another Ranch Market that specialized in Chinese food. Never ventured into that one because I knew if they had Lucky Cats I’d have a Lucky Cat. Talked to one random guy who’s wife (think he said she was Vietnamese) would go there to buy live fish and other Asian delectables.
Canada is the country that needs to be looking at pumping the brakes soon; they’re talking some wild immigration numbers given the size of their native-born population.
I think it’ll be fascinating to see how Canada comes out the other side of the “homogenous to multi-cultural” rapid immigration pipeline that the United States has been (badly) traversing since 1965.
But I’m mostly concerned about the apparent “reverse assimilation” happening throughout IT. I’ve personally witnessed multiple departments clearly adopt de facto racially discriminatory hiring practices that apparently can go beyond race into caste dynamics - I lack the cultural knowledge to determine the truth of the “won’t hire below a certain caste” thing, but have had multiple India-born acquaintances bring it up in unrelated casual conversation.
Edit: fwiw, I happen to agree with several of your Chinese dude’s example opinions - but I get what you’re saying as far as the whole “why are you even here if you feel that way?”
Not every industry is paying tech workers wages, and places should still get librarians and nurses even if tech is willing to pay more
This data does exist for at least the top two firms discussed, because both Google and Meta are subject to the WARN Act and must provide public notice of the actual count of terminated employees broken out by job title, and the USCIS by necessity holds these records per-employee and -employer.
The argument for H-1B reform is compelling enough on its own merits, so it's unfortunate that "firm X laid off M people and hired Y people through H-1B" point is being used here. After all, these same firms hired more non-H-1B than they did H-1B employees during the same period.
Employees aren't necessarily interchangeable.
You might have too many sales people and do a layoff, but need to bring in an H1-B to do data analysis.
The totals are especially misleading, given that most of the H1Bs issued are for outsourcing companies, which by definition, have no US layoffs.