undefined | Better HN

0 pointsprojectazorian1y ago0 comments

> The h1b program is supposed to be for people at the top of their field so they can skip the normal visa line, but it is commonly used to save money through exploitation.

Incorrect - such people already qualify for green cards under the "alien of extraordinary ability" criterion. At least in theory, anyway.

There is no "normal visa line" btw, unless you mean the green card diversity lottery, which people from eg. India and China don't even qualify for.

> A long time ago I read an hn comment that suggested h1b visas should go to the highest paying jobs, with the logic being that if they are such a rare talent they should probably be getting paid more.

This is in principle a good idea although I suspect that if actually implemented employers would figure out how to game the system just as they do now.

0 comments

dec0dedab0de1y ago

You’re right, I was a bit hyperbolic there. Though it is supposed to be for skilled jobs that a capable american is not available to do.

returningfory21y ago

> Though it is supposed to be for skilled jobs that a capable american is not available to do.

No it's not. The H-1B program has no requirement for a labor market test (i.e. showing that there is no citizen that can do the job). The Immigration and Nationality Act, which is the source of the H-1B program, does not have such a requirement. The only big requirements are that the job require a degree (except for fashion models) and that it pays the prevailing wage.

projectazorianOP1y ago

The labor market test is usually required to upgrade to an employment-based green card from a H-1B, though, hence the frequent confusion.

bdangubic1y ago

It is 100% required for employment-based green card from a H1B. Anyone that has gone through this process knows this as their own job had to be posted to several job posting sites and each and ever candidate had to be reviewed and discounted in some ways (my company added crap to the posting such that it was simply impossible for someone to be as qualified for the job as me unless they sat next to me and did what I did for 5+ years…)

1 more reply

dec0dedab0de1y ago

huh I thought the “good faith steps to recruit U.S. workers” part was for every company, but apparently it’s only for certain companies receiving money or who have already got in trouble.

I would have been more against it if I realized that.

returningfory21y ago

Yeah. To be clear I think it's fair to be critical of the current shape of the H-1B program (personally, I think the way it's used by outsourcing companies is pretty bad).

But there's a logical fallacy in these discussions in which people criticize the current H-1B program for not being compliant with some made-up version of what the H-1B program is. If you don't like the current program, the solution is not "we need to do what the law says" because in fact the current program is 100% compliant with the law. The solution is to change the law.

s1artibartfast1y ago

America is a big country. There will always be someone capable of doing the job if you take price out of the equation.

I get that people like semantically and logically simple ideas, but the world doesn't reflect that.

Cost is an inherent part of the H1B program

j / k navigate · click thread line to collapse

0 comments

dec0dedab0de1y ago

You’re right, I was a bit hyperbolic there. Though it is supposed to be for skilled jobs that a capable american is not available to do.

returningfory21y ago

> Though it is supposed to be for skilled jobs that a capable american is not available to do.

projectazorianOP1y ago

The labor market test is usually required to upgrade to an employment-based green card from a H-1B, though, hence the frequent confusion.

bdangubic1y ago

1 more reply

dec0dedab0de1y ago

huh I thought the “good faith steps to recruit U.S. workers” part was for every company, but apparently it’s only for certain companies receiving money or who have already got in trouble.

I would have been more against it if I realized that.

returningfory21y ago

Yeah. To be clear I think it's fair to be critical of the current shape of the H-1B program (personally, I think the way it's used by outsourcing companies is pretty bad).

s1artibartfast1y ago

America is a big country. There will always be someone capable of doing the job if you take price out of the equation.

I get that people like semantically and logically simple ideas, but the world doesn't reflect that.

Cost is an inherent part of the H1B program

j / k navigate · click thread line to collapse