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Study Questions H-1B Policies

An anonymous reader writes "One of the arguments for continuing and even expanding the H1-B visa program (pdf) is that it enables highly-skilled immigrants to work in the U.S. and grow the U.S. economy. Counterarguments state that the H1-B visa program does not bring in the 'best and brightest' and is used to drive down wages, particularly in the STEM fields. This Bloomberg article, discussing pending H1-B legislation, quotes some of the salaries of current workers in the U.S. on H1-B visas: $4,800/month and $5,500/month which work out to $57,600/year and $66,000/year; only slightly higher than the average entry-level salaries of newly-graduated engineering or computer science majors."

53 of 361 comments (clear)

  1. Of course... by wpiman · · Score: 5, Insightful

    employers want to bring more people in. If we didn't, people in the STEM fields could demand more money. We should have H1B Visas for lawyers and politicians. It would be amazing how quickly the program would be shut down then.

    1. Re:Of course... by firex726 · · Score: 2

      I see your point, but that's not really practical.

      Lawyers and the like need years of study for a certain field which the laws will almost certainly not translate to another country or even state.

      Compared to science, where the Speed of light is constant, Water has two Hydrogen molecules, etc... no matter where you are in the world.

    2. Re:Of course... by ebno-10db · · Score: 5, Interesting

      Lawyers and the like need years of study for a certain field which the laws will almost certainly not translate to another country or even state.

      How convenient.

      Dean Baker (http://www.cepr.net/) had a good suggestion though. Have foreign schools train for US laws and practice, and let people elsewhere take the exams for the federal or various state bars. Only after passing would they get their visa.

    3. Re:Of course... by __aaltlg1547 · · Score: 2

      Keep telling yourself that, buddy. Lower wages make your life better. The US can't compete with foreign workers skills because what? Americans are untrainable?

    4. Re:Of course... by ebno-10db · · Score: 5, Insightful

      We want more scientists and engineers.

      Why? There is no shortage of domestic supply. If you disagree, please cite some objective evidence to back your claim.

      it keeps the US competitive and makes my relatively high salary more sustainable in the long term

      Stockholm syndrome.

    5. Re:Of course... by h4rr4r · · Score: 4, Insightful

      Can law books not be shipped internationally?

      This H1b lawyer does not need to know the laws of his own nation, only the one he wants to practice in.

    6. Re:Of course... by hawguy · · Score: 5, Insightful

      We don't need or want more lawyers or politicians. We want more scientists and engineers. It probably holds my salary down in the short-term, but it keeps the US competitive and makes my relatively high salary more sustainable in the long term. $60k right out of school is a very comfortable wage.

      But why would a company pay you $60K right out of school when they can hire an H1B worker with years of experience for about the same wage?

    7. Re:Of course... by h4rr4r · · Score: 4, Insightful

      Uh, H1B is the government bailing out these companies. It is an artificial way to lower wages. If they want to let these best and brightest become citizens far less would object. Instead they want an H1B they can underpay and send home if he demands anything like a fair wage.

    8. Re:Of course... by cold+fjord · · Score: 5, Interesting

      We should have H1B Visas for lawyers and politicians. It would be amazing how quickly the program would be shut down then.

      I doubt you could do anything about politicians. The legal profession is heading for trouble. It is getting harder and harder for lawyers for find a good job coming out of law school (with that massive debt), law school enrollments are dropping, law schools are laying off faculty. There are a lot of things feeding into that, including over selling of law degrees, computer and web based legal services, and off-shore legal work. Off shore accounting work is also increasing with the usual implications for accountants.

      Law firms send case work overseas to boost efficiency - September 25, 2005

      Guess which jobs are going abroad - February 25, 2004

      If a tax preparer gets you an unexpected refund this year, you may have an accountant in India to thank. That's because accounting firms are joining the outsourcing trend established years ago by cost-conscious American manufacturers. In fact, companies in a number of unexpected industries are now sending work overseas. From scientific lab analysis to medical billing, the service-sector workforce has gone global. CPA firms are just one example. In the 2002 tax year, accounting firms sent some 25,000 tax returns to be completed by accountants in India. This year, that number is expected to quadruple. -- more

      Australia is seeing a similar trend.

      Get used to it: sending jobs overseas is the way of the future

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    9. Re:Of course... by ranton · · Score: 2, Insightful

      Why? There is no shortage of domestic supply. If you disagree, please cite some objective evidence to back your claim.

      The only objective evidence I have is that I have never met someone who is involved with hiring developers who has said how easy it is to find quality talent at market rates. You can be naïve and believe that salaries would rise with increased demand if we ended the H1B program, but the reality is that more work would simply go overseas. I work at a consulting company and if we had to pay our entry level developers $80k/year we would never win a bid against a primarily overseas firm. Almost the entire software development industry would move offshore, with the exception of a very small group of very highly paid developers that stay in the US.

      This isn't a field like medicine, law, or garbage collection where proximity to the client is incredibly important, and we don't have strong organizations like the AMA or ABA who can create anti-competitive laws and procedures to keep wages artificially high. Any efforts to manipulate the job market like we do for doctors and lawyers are very unlikely to succeed.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    10. Re:Of course... by Aaden42 · · Score: 5, Insightful

      As someone who is involved with hiring developers, I agree there is a shortage of qualified developers currently looking for work. H1B (in my experience, in my area of the country) does very little if anything to help the situation. If there are highly qualified H1B carrying individuals, I'd love to meet them (and hire them).

      My personal experience has shown that on the whole, H1B's are average to slightly below in terms of the overall talent pool, and that pool is pretty shallow right now. I've interviewed H1B's whose most complicated project they worked on in college amounted to "Hello World" and who can't even code FizzBuzz on a whiteboard. Granted, I've also interviewed American citizens who are equally un-qualified, but if the intent of H1B is to attract only the "best & brightest," I'd say it fails pretty badly.

      If there was a way of screening H1B applicants for qualifications before granting the visa, it might make more sense. Perhaps require that they have a job offer waiting from someone who wants to hire them first. As the program stands now, all it seems to do is dilute the talent pool and waste interview time on dead wood.

      As far as off-shoring goes, as we've also tried that as an option, we found you get what you pay for. The time differences, language barrier, and out of reach nature of off shore programmers led to barely adequate code quality, and required significant oversight & double-checking by some of our more talented team members to ensure what the off short contracts were delivering was secure, performant, and actually did what it was supposed to do. We found that at any scale, the amount of highly talented supervision required on-shore off set any gains by having programmers off-shore. Hiring better people locally & paying them a bit more is a better ROI.

    11. Re:Of course... by N0Man74 · · Score: 3, Insightful

      I recently got hired to a very large SV tech firm to do a job for which they had not found *anyone* (let alone an american) to fill for a full year. They're still looking for more people to do the same job, and still after a further 6 months can't find any americans suitable.

      It's not about wanting more scientists and engineers, it's about wanting specific scientists and engineers.

      I doubt there is any job that is so specialized that they couldn't have used their time, money, and resources to find someone that is in the ball park and then train them to bridge the gap of what they wanted, rather than spend a year and a half looking for a 100% match.

    12. Re:Of course... by ebno-10db · · Score: 2

      Having a ton of technically trained people in the US makes it one-stop shopping.

      That's a great slogan for retail, but meaningless elsewhere. Have you noticed a shortage of multinationals? Me neither (including "micro-multinationals"). Anything that can be off-shored has been or will be, as employing people in various other countries is cheaper than employing H-1B's in the US. Therefore the H-1B's are used to occupy positions that can't readily be off-shored.

      It benefits our entire society to have a pool of unbeatable talent.

      RTFA. We already graduate far more STEM people than are employed. We have a shortage of demand, not supply.

    13. Re:Of course... by dwpro · · Score: 4, Insightful

      I agree there is a shortage of qualified developers currently looking for work.

      Bullshit, you're seeing a shortage of _cheap_ developers, not qualified developers, which is obvious from your statement "Hiring better people locally & paying them a bit more is a better ROI". As long as the cost of living disparity exists as dramatically as it does now, you'll never see salary parity between overseas labor and local labor. That has nothing to do with shortages of qualified workers.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    14. Re:Of course... by BigDaveyL · · Score: 3, Interesting

      You can take someone fresh out of trade school and get them their certification - I find it a bit hard to believe that there is a true "shortage"

      There is a shortage of people with certs or whatever arbitrary skills. The problem is companies wait until an emergency then hire someone. This means they can't develop employees before something becomes an emergency.

    15. Re:Of course... by sydneyfong · · Score: 2

      If there was a way of screening H1B applicants for qualifications before granting the visa, it might make more sense. Perhaps require that they have a job offer waiting from someone who wants to hire them first.

      Are you sure you know what you're talking about? What you wrote is precisely how H1B works today. You might be justified in the mistake because you can't imagine how somebody who can barely write Hello World can land a programming job, but hey, that's why they're going around interviewing in the first place...

      http://en.wikipedia.org/wiki/H-1B_visa

      The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows US employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the US.

      --
      Don't quote me on this.
    16. Re:Of course... by MightyYar · · Score: 4, Insightful

      Student loans are a disaster and, while a separate issue, I have no problem discussing. them.

      Personally, I feel that we should extend compulsory education two more years and make it an Associates degree. We could do this by extending the community college programs we already have, and they could be funded at the federal or state level to avoid the problems we have with uneven funding of primary and secondary education. Once everyone is getting an associates degree or technical training for "free", we could dramatically scale back our Stafford Loan programs. Even if we left the Stafford Loan program as-is, debt would be cut in half for most takers. I think that a high-school degree is no longer sufficient to prepare most people for the working world - and not because the high school degree has become "devalued", but because we have become more productive and our jobs more complex.

      Colleges have gotten completely out of control. My wife went to one of the best liberal arts schools on the planet, almost 30 years ago. It's still one of the best and it serves just as many students - but it now has twice as many buildings. Has the education value doubled? I think not. What happened is the cost of education grew by approximately the amount of a Stafford Loan, because the money is "free". We tried to do a good thing, and instead inflated the cost of college for everyone.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    17. Re:Of course... by penglust · · Score: 2

      Ah now I see it. I should ensure that I marry someone also with a professional job so that if we have even one child it will see any one of its parents for a couple hours a day. And we just might be able to help enough with college that it will not be an indentured servant for more than 20 years.

      I am so tired to hearing about "massive entitlement complex". If you mean most of the country lives comfortably on less than 60k per year in butt fuck Texas I would agree. If you think comfortably means living far enough from work that you have more than an hour each way then good for you.

      Posting as "Anonymous Coward" states just what you are.

    18. Re:Of course... by rickb928 · · Score: 2

      Sure, cranking up the thermostat in Phoenix is really helpful. We keep ours at 80F already, my friend.

      But I recall that my first telephone bill was $14.74/month. I now pay $96/mo for cell phone and unlimited voice/data/texts. My wife pays $120/mo for similar service. My cable bill is about $120/mo not counting Internet service. When I complain about expenses, I promptly shut up until I control these.

      We won't discuss eating at restaurants. At one time that was a true luxury, What Americans think of as BAU is surprisingly not necessary at all, is it?

      First World Problems.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    19. Re:Of course... by MightyYar · · Score: 2

      Many people INTEND to go back home, but they don't ultimately. One of my least-favorite co-workers is hell-bent on going home... eventually. Problem is he has kids who are very much Americans, even if that eats at him every waking hour. He can't go home unless he wants to see his kids very infrequently, because they aren't going to join him. He's a really miserable SOB.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    20. Re:Of course... by whitroth · · Score: 2

      I'd like to point out that *any* graduate of a foreign medical school (including Americans who might have gotten their MD in, say, Grenada) are *required*, by US federal law, to take the exams offered by the National Board of Medical Examiners for such. These are the same folks who US students talk of, when they say "the Boards".

                              mark

      ObDisclosure: I worked for the Boards in the mid-eighties, and helped computerize the tests, so yes, I actually do know what I'm talking about.

                     

    21. Re:Of course... by whitroth · · Score: 2

      Geez, are you stupid. I'm *sure* you have leverage with your employer, and you have all the benefits... right. You're posting here.... *I* am on lunch.....

      You also love 60 or 80 hour weeks, and "sorry, we need you to finish that, we can't let you go on vacation", or just "whatever it takes", and you have no life.

                      mark "oh, right, as a developer or admin, you're "management", and so not elegible to have
                                                    any protection whatever"

  2. Simple solution? by ACluk90 · · Score: 3, Insightful

    Solution: Issue H1-B visas only if there is a contract with a wage of at least 80kUSD/a. (the value of this limit is just politics...)

    1. Re:Simple solution? by TheRaven64 · · Score: 5, Insightful

      Don't issue H1-B visas at all. If you want the best and the brightest, then give them indefinite leave to remain. And reintroduce the faster immigration system you used to have for PhD graduates: don't spend years ensuring that someone is familiar with the state of the art in their field and educated in the methods of research and then send them to another country. We've just imported this particular idiocy into the UK because our government wants to be tough on immigration, but can't legally crack down on immigration from the EU where most of our unskilled immigrants come from.

      --
      I am TheRaven on Soylent News
    2. Re:Simple solution? by Trepidity · · Score: 2, Interesting

      That's actually a much better policy from an economic perspective as well. If you want to let in a fixed number of people (say, 50,000) for the reason that they will fill shortages and benefit the economy, how should you allocate them to different fields? The obvious market-driven answer is: allocate them to the highest bidder, who we can presume must have the greatest need for them. An employer willing to pay $120k for an H1-B obviously feels a greater need for them than an employer only willing to pay $60k.

      Basing it on prevailing wages, by contrast, doesn't really make much sense.

    3. Re:Simple solution? by __aaltlg1547 · · Score: 4, Interesting

      Very much this. The H1-B puts the foreign worker at the mercy of the company doing the hiring. The best and the brightest know they can get a better deal than that, or should be able to. Why become virtual indentured servants in a foreign country if they can do better? We should encourage the best and the brightest to come here, issue temporary visas not tied to any specific company, but if you show a history of near-continuous employment over that visa term, you get fast-tracked to permanent resident status and encouraged to become a citizen.

    4. Re:Simple solution? by h4rr4r · · Score: 3, Interesting

      Also just let them immigrate. No H1B, no being tied to the employer to stay in the states. Put up X spots, let companies bid and let the people simply immigrate.

    5. Re:Simple solution? by h4rr4r · · Score: 2

      They simply lie.
      They hire the H1B as tier 1 helpdesk, pay him as such and have him do software development. Only setting a price floor or requiring bidding would fix this.

    6. Re:Simple solution? by TMB · · Score: 2

      This would be horrible - the need the organization has for the employee and the rate they pay are only loosely connected depending on what the employee does and what other organizations pay someone equivalent.

      For example, I am on H1B status. I am a professor of astrophysics at a state university. If I were a early-career software developer, I would make more than I currently do, and therefore would be more eligible to be here under your plan. But the university needs me as a professor with my particular skills more than it needs a random early-career software developer - but the prevailing wage for software developers is higher because they are also hired by companies who can afford to pay higher salaries.

      (of course, I wouldn't object to the "pay professors more" solution, but because a significant fraction of the university's budget comes from the state, it is more limited and is much less sensitive to market pressures than the companies who hire software developers. Not that I think that's necessarily a good thing, but it's also not going to change any time soon)

  3. Major Cities Anyone? by Richard+Dick+Head · · Score: 3, Interesting

    A discussion on salary isn't complete without also discussing the location of these immigrant workers.

    Hint: They're always in major cities. National averages don't mean a damn thing when your local supermarket pays more for a meat department employee than your "average H1-B". Why do people see 50-something salary nowadays and think that is par? This is an engineering profession. Even the least skilled should be doing better than a teacher's or a cop's salary.

    50k was good...25-30 years ago.

    1. Re:Major Cities Anyone? by CastrTroy · · Score: 2

      I would think that most teachers don't start at 50k. Where I live, the starting salary is $34k, and the OECD average is $37K. Not only that, but it tops out pretty low. Even after 15 years experience, the average OECD teacher only makes $45,000. The rates in the US are about the same in the highest paying areas, and quite deplorable in the lowest paying areas. So starting at $50k is actually quite good, especially in a field like engineering, where it's completely possible that you will be earning $100k after you get 10-15 years experience, a wage that teachers could never hope to obtain.50K is actually quite good, unless you live in Manhattan or San Francisco, in which case the price of living is quite high, but for many other areas, you can live quite comfortably on 50K.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    2. Re:Major Cities Anyone? by Bucc5062 · · Score: 5, Insightful

      NYC has one of the highest COL rates in the country. 100K may equate to say 50K in a suburb in Atlanta or 40K in a rural location in West Virginia. It is the they amount of the paycheck, it is the amount paid in relation to the regions COL.

      I'm not certain the tone of your comment though it implies that perhaps teachers are over paid for their work. This view I've not understood (if that was the backhanded point). Educators serve an important and vital role in society. While there can be examples of "bad teaching" from a few, most teachers are there because they truly want children to learn. That is a noble effort. Waste, fraud, apathy; they can be found in most walks of life, but for some reason we pull a few bad apples in education and then cry out "see, we pay these loofers to much". We don't pay them enough.

      If a child seeks a role model (outside the family) I'd rather it be an educator, not a sports star. In this country we've turned that 180 degrees though valuation of people based on dollars, not sense.

      So before you complain about teachers getting to much time off, good benefits, and job security; walk in their shoes, carry their responsibility, live their life. Compare what you do as a teacher to that as a ball player, a banker, a Hedge Fund manager and ponder what is important.

      --
      Life is a great ride, the vehicle doesn't matter
    3. Re:Major Cities Anyone? by Bucc5062 · · Score: 2

      I have a friend who lives on LI, yeah, you sound like him. btw c) If you'r not typing this on a selectix, thank a programmer.

      Interestingly, both the Engineer and the Garbageman needed a teacher to help us out of the dark ages and clean up the place. I've also known folks who've straddled both and they sing a different tune so we're both right and both wrong I guess. However I found this report that cerrtainly reflects your comment about high taxes and education. However I did find this site which lists the school staff salaries, the lowest being (for one school) being @120K. Doing a little more digging I found this article which does indicate that LI teachers are paid well, but then so are the staff. One more note, home prices on Long Island seems to hover around 315K (average, but at one point were upwards of 400K+ so while you do live there (and I have a friend who lives there and we talk) you do realize that it does cost more to live and work in Long Island then in other less costly areas?

      Now if you think teachers are just shit, then not much anyone says will change your view. If you think that education is not your problem so why should you pay taxes, not much will change your mind. But on the outside chance you see value in getting an education, that the education is providing ROI, and you do some due dilligence to see what (or if) there is a problem in how property taxes are distributed and then do something to fix it other then complaining that teachers get paid too much...then maybe you can see the difference between sanctimony versus support. in 15 minutes I found out that

      1 - NYC and LI have one of the highest COL living in the country
      2 - Public School districts pay staff much more then their teachers
      3 - Teachers are paid more in Long Island, but it is offset by living costs
      4 - There is uneven distribution of cost within the school districts pitting low income districts against wealthy

      and I don't live there.

      --
      Life is a great ride, the vehicle doesn't matter
  4. It is OBVIOUSLY cost reduction by Andover+Chick · · Score: 5, Insightful

    I work at a major bank where they constantly have a choice between a high quality, albeit highly paid, US workers and low cost, low quality H1B workers. They always go H1B. And it becomes a real Indian ghetto at a lot of IT shops. Having multicultural abilities is part of being "best and brightest" yet many of the Indians are only comfortable working with other Indians. So the incumbent Indian employees end up only hiring Indian H1Bs, which is obviously a negative for the whole organization in the long run. But who every cares about the long run anyways.

    1. Re:It is OBVIOUSLY cost reduction by h4rr4r · · Score: 4, Interesting

      If they have the choice you should be reporting them. What you are describing is simply illegal. It is not uncommon though. It is really your civic duty to report this sort of thing.

    2. Re:It is OBVIOUSLY cost reduction by h4rr4r · · Score: 4, Informative

      Nope. Price cannot be used legally as a hiring decision for H1Bs.

      It has to be due to a shortage of workers, meaning you simply can't get them at any price. You can use refusal of offers at whatever wage as evidence of shortage, but that is it. You cannot hire an H1B simply because he agrees to work for less than the prevailing wage, and it is illegal to pay him less than the prevailing wage.

      That being said, all the major contracting companies that use H1Bs do this. They are all breaking federal law and as such should have the DOJ after them.

  5. Nice to see the H-1B questioned in the MSM by ebno-10db · · Score: 2

    It's nice to see the H-1B program questioned in at least some of the MSM (e.g. the NYT). It might have an effect on legislation if we had a representative form of government (by which I mean one that represents voters, as opposed to representing money).

    The Bloomberg article is crocodile tears though:

    While the legislation raises the annual H-1B cap to as much as 180,000 from 65,000, it increases visa costs five-fold for some companies to $10,000. It also bans larger employers with 15 percent or more of their U.S. workforce on such permits from sending H-1B staff to client’s sites.

    It nearly triples the quota, but might cost as much as $10k to bring in someone on an H-1B. Good heavens, no! If $10k is too much, then there is no skills shortage and you could hire an American for the job.

    Current draft House legislation also lacks the clause barring visa-dependent employers from client sites

    Surprise, surprise, surprise! Wouldn't want any draconian restrictions on screwing Americans now, would we.

  6. Somebody should tell American medical schools by NotSoHeavyD3 · · Score: 2

    Since given all the hoops you have to jump through to get in they apparently believe there is a huge doctor glut. (You know, a 30+ on the MCAT a 3.9+ on your premed coursework and loads of extracurricular activities.)

    --
    Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
  7. There's already a proposed fix for it. by Virtucon · · Score: 5, Insightful

    It's been suggested that rather than abolish the H1-B program that in order to sponsor one the company must pay 120% of the 90% percentile wage in the area where the person will work. If the 90% percentile for a cornfield in say Iowa (You hear that IBM?) is $100,000 then they have to pay the person $120,000 exclusive of any living costs and fees associated with the H1-B program. There has also been talk about surcharging H1-B sponsors for inspections by the Feds to ensure that the workers are getting paid correctly and are working with the sponsor. Right now it's an honor system and there's no honor at IBM, Wipro or Infosys.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  8. Re:H1B or Outsourcing, choose one. by ebno-10db · · Score: 4, Informative

    Last time there was a major backlash against H1Bs, it resulted in outsourcing.

    When was this alleged major backlash? The quota hasn't dropped below 65k/yr in what, at least 20 years?

    Second, you're falling for the "if you don't let us have more H-1B's we'll just outsource more" threat. It's bull. No matter how little they pay H-1B's, they're still way more expensive than people working in the 3rd world. Hence, anything that can be outsourced already has been or will be. The H-1B's are for the jobs that they can't outsource.

  9. Re:H1B or Outsourcing, choose one. by rollingcalf · · Score: 3, Insightful

    Except that the H1B is being used to support and expand outsourcing. The big outsourcing companies send developers with H1B to clients in the US to provide an on-site presence to coordinate with the larger development teams in India or China. Without the H1B program being used like that, either the entire project would be done in the US, or American developers would fill the roles of the on-site technical leads.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  10. Re:but why do they need H-1B workers? by Grand+Facade · · Score: 3, Insightful

    It's about profit
    It's about work ethic/culture
    It's abut indentured servitude

    You can get 80 hours a week out of a HB-1 for a salary
    A US citizen is not going to sign on to that ball and chain

    --
    Rick B.
  11. Furniture movers given H1-B visas by LeepII · · Score: 5, Insightful

    200 "furniture movers" were given H1-b visa's in 2001. Are there really not enough furniture movers in NYC that a company had to import 200 of them? Google "Urban Moving Systems".

  12. So that's how H1B visa fraud is done by Anonymous Coward · · Score: 5, Interesting

    I, Cringley Cringley had a very interesting post on how H1B fraud is accomplished, except in this case, the he got caught.

    The gist of the crime has two parts. First Mr. Cvjeticanin’s law firm reportedly represented technology companies seeking IT job candidates and he is accused of having run on the side an advertising agency that placed employment ads for those companies. That could appear to be a conflict of interest, or at least did to the DoJ.

    But then there’s the other part, in which most of the ads — mainly in Computerworld — seem never to have been placed at all!

    Client companies paid hundreds of thousands of dollars for employment ads in Computerworld that never even ran!

    The contention of the DoJ in this indictment appears to be that Mr. Cvjeticanin was defrauding companies seeking to hire IT personnel, yet for all those hundreds of ads — ads that for the most part never ran and therefore could never yield job applications — nobody complained!

    The deeper question here is whether they paid for the ads or just for documentation that they had paid for the ads?

    This is alleged H-1B visa fraud, remember. In order to hire an H-1B worker in place of a U.S. citizen or green card holder, the hiring company must show that there is no “minimally qualified” citizen or green card holder to take the job. Recruiting such minimally qualified candidates is generally done through advertising: if nobody responds to the ad then there must not be any minimally qualified candidates.

    How many other scams like this, are being run to prevent American engineers from being hired?

  13. Why do we want more scientists and engineers? by xtal · · Score: 5, Interesting

    This question is becoming increasingly interesting to ask. I see no clear answer. Society is not willing to pay for them, so they are not needed .. or there is sufficient supply. This is not a value judgement; Poets have much to offer, but society does not extract much direct benefit - so the wages are low.

    I'd recommend the best and brightest do engineering as last resort, not a primary one. Engineering is a better hobby than a career these days.. in some ways, that is how it's always been.

    You're far better off learning how to build a sucessful business, entering law (technical law is very lucurative), or going into medicine - medicine isn't all that difficult if you can get accepted, and protects itself very agressively.

    Do what society values for money. Do what you love to be happy. Sometimes those things are the same, frequently they are not. I've been lucky as a EE but I started almost two decades ago, and much of my success has come not from engineering skill, but entreprenurial endeavours.

    A profitable, but well managed career can set you up to be financially independent in 8-12 years - then you can go do whatever you like.

    Want to increase STEM? Why?

    --
    ..don't panic
    1. Re:Why do we want more scientists and engineers? by JWW · · Score: 2

      Exactly. The damn politicians whine and complain about "not enough STEM workers" while the salaries go down.

      Economics says there are enough STEM workers for the supply desired and we don't need more.

      So the politicians should shut the hell up!

  14. Re:H1B or Outsourcing, choose one. by Ryanrule · · Score: 2

    I was just hired with a fat salary to be the onsite tech lead. Working for one of the big Indian it shops. They may be getting ready for this eventuality.

  15. Re:but why do they need H-1B workers? by stud9920 · · Score: 2

    Because having something for cheap is good microeconomically, but bad macroeconomically. H1Bs create poor workers, who don't spend money expect for basic, low margin survival stuff. By paying workers more, they can actually spend the money on you, your competitors (including those who compete with you only for the raw purchasing power of the workers), and your B2B customers. It drives business up. By keeping your margins for yourselves (which as a broken window fallacy afficionado you'll probably advocate, but the fallacy goes both ways), you're basically freeloading on the economy that allows your business to prosper.

  16. That's not what "market rates" means by Anonymous Coward · · Score: 5, Informative

    The only objective evidence I have is that I have never met someone who is involved with hiring developers who has said how easy it is to find quality talent at market rates.

    Then they aren't actually offering "market rates". The definition of market rate is "The term “market rate” refers to the level of compensation an organization must provide to enable it to effectively compete against other organizations in attracting and retaining qualified employees. "

    http://www.da.ks.gov/newpayplans/whatmarket.pdf

  17. How H1B works by sl4shd0rk · · Score: 4, Funny

    (A board meeting, somewhere in the US. Probably Texas. 10:00am..)

    CEO: We need to get our operating overhead under control! Look at all these hockey-sticks! (pointing to whiteboard)
    CF0: We've already closed 500 stores, offshored 90% of our labor and manufacturing, layed off 15000 retail and customer service positions, and cut everyone else to part time so we don't have to pay benefits. There's not much more fat to trim except for...
    CEO: What?
    CFO: We get hold of some of those H1B visa workers. I hear they are happy to work for half of minimum wage.
    CEO: How do we do that?
    CF0: We cut lunchbreaks to 10 minutes, and make overtime mandatory. Also include rotating weekend shifts for everyone, including managers. We make it so miserable to work here, that people leave.
    CEO: That doesn't sound like such a great plan. Who is going to run the stores?
    CF0: We don't do it all at once. We do it regionally. Not everyone can afford to quit right away so there's a good chance there will be some stragglers. We promote them to managers for the time being and advertise to fill the empty positions, but advertise at half the wages the others were getting. Nobody in their right mind will take that job.
    CEO: That sounds like a really dumb move. How are you going to fill those positions.
    CFO: We tell the government that there isn't any available labor pool for us to hire from. We show them how nobody has applied for the listings, so we need to bring in H1B visa workers to fill the vacancies.
    CEO: Hmm...
    CFO: As an added bonus, I'm sure we can find some taxpayer dollars to subsidize our H1B visa "program".
    CEO: Great! I'll be out the rest of the day yacht shopping. Hold all my calls.

    --
    Join the Slashcott! Feb 10 thru Feb 17!
  18. Re:English Common Law by ebno-10db · · Score: 3

    It is happening to some extent

    Not nearly enough. We need to bring it up to the efficiency standards of software and engineering.

    One difference is that law firms are usually run by lawyers for lawyers. They're usually partnerships, which means even senior partners may suffer from some silly sentimental resistance to screwing American lawyers. Software and engineering do not suffer from this.

    Also, lawyers have a really good union. It's so firmly entrenched that membership is required by the government in order to practice law. Talk about rent seeking and restraint of trade - supported by the government granting the lawyer's union a monopoly!

  19. H1Bs are a quick fix - there are deeper problems by milkasing · · Score: 3, Interesting

    In the past few decades, the change in norms removed a lot of cushions that were there:
    1. There are fewer entry level jobs -- few companies are willing to train people.
    The buzz from Jack Welch was to treat team members like pro athlete stars -- pay the alpha performers well and get rid of the beta performers. The problem is that almost all new comers will under perform for a while. Why hire them?
    2. There is less loyalty towards an employer.
    Again this hurts entry level jobs. The norm used to be that employers used to train people, and the people would stay with the employers for a few years, even if the pay was less. The loss in productivity and the training costs from an employers perspective would more than be made up by the long term savings. From an employees perspective, skipping from job to job made you appear unreliable and would hurt your job prospects. Then with the dot com boom, everything changed. People used to join a company that offered training and then immediately jump ship to get even a slightly higher pay. Jumping from company to company became the most reliable way to get a pay raise. Most companies saw their investment in training wasted and eliminated or severely reduced training.
    3. There is no loyalty towards employees and long term planning is no longer considered.
    IT is typically a cost center. The norm today is to look for saving by cutting payroll where ever possible. Strategically employers look for a cheaper alternative, even if the long term risk to the business increases. incentives for managers are based on short term performance, so even star employees are at risk of layoffs. Salaries are often cut, irrespective to the damage to the morale of the workforce, because by the time the effects are seen, the people responsible for the cut would have moved on.
    4. The geographical mobility has decreased in the past 30 years.
    The drag caused by having ever larger mortgages, and complexities of ensuring both the husband and wife have a job, often prevents people from moving to places where there are new jobs.
    With constant layoffs a new fact of life, the risks of moving, particularly to smaller markets and single company towns has risen. In a larger metro like NYC, folks can look for new jobs more easily if they feel their job is at risk, and even go to interviews in their lunch breaks. In a small town, this becomes much harder.
    5. The move towards orienting IT personal to a project at all times creates a need for an ability to hire and lay off people at all times. As the projects becomes larger, at times there is a glut and times there is such a shortage that the project is moved offshore.
    6. The need to restrict liabilities, reduce fixed costs and deflect responsibility is leading to more outsourcing. (Outsourcing != off shoring.) This in turn leads to a need for a more mobile workforce. Just pouring money into these issues will not make it go away, and often the cost could be too high. The solutions for these problems -- rethinking at will employment, tort reform, rethinking home ownership as a primary method to build equity, rewarding long term performance over short term performance are complex, difficult to implement, and will require a ton of time, and right now these problems are not even on the public radar. In the mean time business must go on.
    H1Bs offer a quick fix to many of these problems by creating a more mobile, more employer dependent workforce. They are a crutch, and do not solve the long term issues, and they do have a downward pressure on wages. But they also buy time for US society and business to get its act together. Whether this time is used properly, I have no idea.

  20. Re:Qualifications by rcamera · · Score: 3, Funny

    tl;dr: I want a 5' 8" 24 year old blonde who has an MD and paid for med school as a lingerie model.

    i have an extra one of those. where should i send him?

    --
    Wave upon wave of demented avengers March cheerfully out of obscurity into the dream