America's Genius Glut
nytimes.com
nytimes.com
And I know many startups that are eager to get visas for people they want to hire, and would have zero interest in having employees that felt trapped at their company.
(I had to go and investigate what the Economic Policy Institute was. Apparently it's funded by a consortium of labor unions. Odd that they would bother about this, since few to none of the jobs involved are union jobs.)
About half of my classmates (in a Statistics PhD program) are foreigners. These are literally the brightest statisticians of their year from their respective countries, and making it even the least bit hard for them to stay in the US is a big mistake. We could use their talent!
What makes you think they are going to have a hard time to stay in the U.S.? Honestly if they are good, literally stapling a green card to their PhD once they graduate is the only thing that is going to be easier than the current system. Let me explain: You finish your PhD, you can work for a period of 27 months for any related employer under your F1 visa, then you can work for a period of 6 years on an H1B. While this is happening, your employer can file for a Green Card for you. Hell, if you are "literally the brightest statisticians of their year", you can apply for a Green Card as a person of extraordinary ability.
The brightest student in my class is working for Microsoft on an H1B. He's relatively happy and he's managed to "switch jobs" within Microsoft, but he's unable to leave.
That's not a great way to encourage the best and brightest. I know this guy would be awesome for several Silicon Valley startups for example, but he literally has to stay in Microsoft or another high-stability company.
No idea if he would get a Green Card as a person of extraordinary ability, I believe him to be, but don't know the requisites.
My country has FAR less stringent requirements (yet we're not really a talent destination :) ).
This is exactly my problem with the H1B. The solution to this is not to have a glut of more H1Bs but to make the H1B a job portable six year visa much like a European employment visa.
Without naming places and companies outside SV: it is not actually necessary to bring in H1Bs, put all their paperwork which must legally be displayed in a locked glass case and pay them a "prevailing wage" near the bottom of what people are making in the area for similar work with similar tools. It is also not necessary to hire people as "temporary contractors" to pay less tax while demanding a permanent commitment to a job done under close supervision. It often isn't necessary to require 10 years experience with all the exact tools you use even for junior positions. This stuff is not fiction, it's totally ordinary and it's happening all over the place.
I understand why someone with vested interests would want to bring down wages with increased supply. But this isn't a crisis of low supply, when everyone insists on having "the best" or on getting a great bargain. There is no good reason to report a shortage while there are smart and skilled people unemployed or working menial jobs all over the place.
The problem is not that an employee would feel trapped but the nature of the visa means that there is also potential for exploitation of an employee. Working in an at-will employment state on an H1B is always inherently risky: If a green card holder or a US citizen gets fired, there is no big deal: You spend a week or two and find a job in this market. A H1B holder immediately goes out of status once they get terminated or laid off (or hell if the startup goes under.). I see tons of VCs/startup founders talking about making the visas easier for people they want to hire but there is little or no talk about strengthening the rights of the employees they want to hire. (I realize that they are guest workers and have little or no rights in this nation but still..)
I remember graduating out of school and finding it surprising that most if not all of the foreign-born students who graduated along with me flocking to large companies. Now that I have spent a year in industry, working in startups, I don't actually find that that surprising: I have seen enough people who worked at startups getting fired (sometimes due to incompetence and other times because team fit didn't exist and the fast moving nature of a startup means that firing is sometimes a better decision than not) and having to scramble around trying to find a way not to uproot their lives and family and move suddenly back home.
This is where a citation would be helpful. I might click through to Mr Eisenbrey's website a little later to see if I can find one.
"And I know many startups that are eager to get visas for people they want to hire, and would have zero interest in having employees that felt trapped at their company."
I agree. I think that there are two alternate universes to the H1B. Many of the good startups and large company have no interest in this kind of power over other people's lives - they use the system because it's the only way to get someone they think is talented into the country. They are often shocked to hear about the extent of the abuse in the underbelly of this visa. There seems to be universal agreement that the best approach would be to provide the visa or green card directly to the immigrant, with full mobility. Many of the easily circumvented protections (such as the prevailing wage requirement) would be unnecessary if the worker is allowed to quit his or her job without jeopardizing residency rights. If 90% of PhD grads who want to stay are finding a way to do so through a patchwork of (somewhat indentured) work visas anyway, why not just grant them direct residency rights? Unfortunately, there is so much bitter disagreement on other issues that it is hard to make progress on the areas of common ground.
On another front - I have linked in the past to a RAND study concluding that the American aversion to PhD programs "in science" is rational and market driven.
http://www.rand.org/pubs/issue_papers/IP241.html
This paper convinced me that we probably shouldn't base public policy on the notion of a general shortage of scientists. I'm not saying we shouldn't grant residency rights (I actually think we should place a greater emphasis on skilled immigration in general), I just don't think we should do so on the notion that there is a shortage in these fields, as the evidence doesn't support that claim.
The RAND study lumps together such diverse fields that it may not be useful in evaluating the needs of high tech employers (computer science may have as much in common with marine biology as it does with non-science humanities fields in terms of the overall job market). However the recent Senate proposal isn't about the narrow band of degrees related to silicon valley, it is for all grad degrees in "STEM", so in this case, I think the data in the RAND report is relevant here.
I thought the prevailing wage requirement was to ensure that US Citizens are not undercut by H1B holders. I am unsure of how detaching residency rights from the employer renders the prevailing wage requirement irrelevant?
I'm ok with a prevailing wage requirement, mainly because I see no reason to grant a work visa for an employer who intends to pay indisputably a well below market wage rate. So it isn't irrelevant, but compared to the right to leave your job [1], it's very weak protection.
However, there's nothing like being allowed to quit your job and take a new one to ensure that you really are being compensated properly for your skills. I'd take that over various regulations meant to "protect" me any day of the week.
[1] People will point out that H1B holders can and do change jobs. But can they quit and start their own consulting company? Quit and apply to med school or law school, or enter a completely different line of work? To me, this is about basic human freedom.
Completely agreed. Personally, I used to be on an H1B and I know how stressful it can be when you realize that things out of your control can suddenly mean that you have to either scramble around looking for a job (and you can't spend the necessary time to do the due diligence to ensure that that job is what you want to do) or decide how you are going to leave friends and the home you have started building for yourself here.
To me, this is the problem that I don't see people trying to solve. The article calls an H1B an indentured servant and I am not sure I disagree. There are two extremes: One is stapling a green card to every graduate degree and the other is making it easier to acquire an H1B without making it reforming the H1B considering worker rights. I can only hope the middle ground they will eventually take between these two approaches doesn't fuck it up completely.
Labor unions are trying to prolong their existence by moving upstream into hi-tech jobs, since their traditional base is disappearing. This is part of a long term strategy to unionize programmers, engineers, scientists, etc. It's really sad to compare the good unions did in the US in the early 20th century to their raison d'etre today.
Currently these "lotteries" are unwilling or unable to increase their payouts. Unless you can create a glut of customers/engineers that are somehow constrained from starting their own lotteries, I don't see why the lack of engineers willing to work at startups would change.
It's a little like complaining that "we can't find interns willing to work for free" when the interns have better alternatives.
> Currently these "lotteries" are unwilling or unable to increase their payouts. Unless you can create a glut of customers/engineers that are somehow constrained from starting their own lotteries, I don't see why the lack of engineers willing to work at startups would change.
I don't know whether you made this point unknowingly or not: However, the whole deal with the way an H1B is designed right now is that it is close to impossible to start your own lottery. You have to sponsor your own visa which the way nascent startups work is close to impossible.