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US Law Allows Low H-1B Wages; Just Look At Apple (networkworld.com)

An anonymous reader writes: If you work at Apple's One Infinite Loop headquarters in Cupertino as a computer programmer on an H-1B visa, you can can be paid as little as $52,229. That's peanuts in Silicon Valley. Average wages for a programmer in Santa Clara County are more than $93,000 a year, according to the U.S. Bureau of Labor Statistics. However, the U.S. government will approve visa applications for Silicon Valley programmers at $52,229 -- and, in fact, did so for hundreds of potential visa holders at Apple alone. To be clear, this doesn't mean there are hundreds of programmers at Apple working for that paltry sum. Apple submitted a form to the U.S. saying it was planning on hiring 150 computer programmers beginning June 14 at this wage. But it's not doing that. Instead, this is a paperwork exercise by immigration attorneys to give an employer -- in this case, Apple -- maximum latitude with the H-1B laws. The forms-submittal process doesn't always reflect actual hiring goals or wage levels. Apple didn't want to comment for the story, but it did confirm some things. It says it hires on the basis on qualifications and that all employees -- visa holders and U.S. workers alike -- are paid equitably and it conducts internal studies to back this up. There are bonuses on top of base pay. Apple may not be paying low wages to H-1B workers, but it can pay low wages to visa workers if it wanted. This fact is at the heart of the H-1B battle.

30 of 237 comments (clear)

  1. Explanation by squiggleslash · · Score: 4, Funny

    Apple's next generation replacement for macOS, tvOS, and iOS will be written in PHP.

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    1. Re:Explanation by sycodon · · Score: 2

      In one continuous line.

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      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    2. Re:Explanation by Space+cowboy · · Score: 4, Interesting

      15 years ago, Apple hired me on an H1B, and my starting salary was $140k, then they paid everything to convert my H1B to a green card. None of this includes joining and yearly bonus stock options (at the time, RSU's these days) or yearly cash bonuses. They also paid relocation and first few months of rent in a pre-arranged location.

      I'm not special. There were several dozen of us in the (weekly) new-employee orientation meeting, most of whom were s/w engineers.

      Oh, and I (or rather, my small company, that Apple bought) wrote ILM's digital asset management system for films like Star Wars (ep1), James Bond films, digital commercials etc. mostly in PHP. That sold for $40k/pop... Indeed, just like any language, it's possible to write crap code in PHP, but used properly it's a powerful tool.

      --
      Physicists get Hadrons!
    3. Re:Explanation by Space+cowboy · · Score: 4, Interesting

      TL;DR: Not really.

      I'm guessing that's more of an "asset management system". Ours was orientated around the video. As cameras roll, we digitised the footage by tapping into the tape deck monitor output, we had RFID tags on each tape, and we had LTC/VITC timecode from the deck. We therefore had a unique reference for every frame laid down, as it was laid down (ie: there was zero ingest time, which was - and still is to a large extent - an issue with asset management systems).

      The system then sent each frame to a centralised database server that had a webserver on it, and I wrote a streaming (ok, this part was in C :) server and a streaming player for Linux, Mac, and Windows that understood our custom streaming format. There wasn't anything complicated about the format, it was basically motion-JPEG data served from an HTTP interface, so the player would send the URL "http://asset-server/tape-rdid/timecode-from/timecode-to" and get an application/octet-stream back which was each file (common headers stripped), where a file was an individual frame in JPEG form.

      What this let people do was record out in the desert, and have their digital dailies sent back via a satellite upload to home base via rsync, and the team at home base could "see" (we only supported quarter-res images at the time, the internet wasn't as fast as it is now) the footage, reliably locate frames on tapes, and discuss/annotate/create EDL (edit display-list, basically a set of timecode-timecode ranges) sequences and play around with it as if they had the tapes right there, even if it was at a low resolution.

      On a more prosaic all-in-house system, the act of using a Discreet Inferno or Flame system (which controlled the tape decks in a post-production suite) would automatically log footage into our system, so the non-artist types could use our "virtual VTR" system to review and create play-lists which could then be sent to the machine room with the certainty that what they'd composed in their web-browser would be what ended up on the tape that would later be delivered to clients. This freed up a lot of the tape-deck use which could then be put to more profitable use by the post-house.

      There was at least one time when I got a angry phone call from a client who claimed our system was screwing things up. They'd created their EDL for the client using our system and then sent the job to the tape room to be generated, and of course creating that new tape would automatically log the new footage into the system (because it was writing to a tape in a monitored tape deck). They looked at the output footage of the generated tape in their browser, and it wasn't right. After a bit of tracking things down, it turned out the tape room had inserted the wrong master tape, so we saved them the indignity/embarrassment of sending footage from a *competing* client out the door. That alone, in the eyes of the director, was worth the cost of the system.

      We had similar procedures for rendered footage from 3D systems (Shake etc. at the time). Again, everything was collated into shots/scenes etc. on the database server. We had rules that would be applied to directories full of frames that would parse out sequences from arbitrary filenames that were differentiated only by a frame number in the filename. That's actually harder than it looks - there is *no* standard naming convention across post-houses :) I separated out the code into a library, wrote a small commandline utility called 'seqls' which was *very* popular for parsing out a directory of 10,000 files into a string like 'shot-id.capture.1-10000.tiff' ...

      All of this is (I'm sure, I haven't kept up to date) commonplace today, but it was pretty revolutionary at the time. I'd say about 90% of the code was PHP, there were various system daemons in C, there were video players for the major platforms in C/C++ and there was a kernel driver for the linux box in C that handled the incoming video, digitised the audio, and digitised the LTC

      --
      Physicists get Hadrons!
  2. Sounds like indentured servitude by Spy+Handler · · Score: 5, Insightful

    Government benefits from importing cheap labor. Rich landowners (now corporations) benefit from cheap labor. History is replete with rich people trying to get richer by importing slaves and/or indentured servants.

    It never works out well for society in the long run, but in the long run you're dead anyways, so might as well make some more money and bribe some more gov't officials while you're here, right?

    Doesn't matter which political party is in power, doesn't matter whether a politician is a leftist or a rightist, they ALWAYS import more cheap labor... because they want to benefit the rich (and by extension, themselves). Trump ran a campaign saying he will put a stop to this, and now that he's in power he's already he's backpedaling. He's just turning into Clinton Lite. I'll bet you large sums that if Bernie was elected, right about now he will be finding excuses to import more cheap labor too.

    1. Re:Sounds like indentured servitude by amicusNYCL · · Score: 2

      Indentured servitude isn't far off. When someone's status in the US is H1, first off they aren't considered a resident of the country. So while they can do something like get a driver's license, they have a lot of problems trying to get loans or credit cards, housing, or even go to school. They have no bargaining power with their employer, they don't have any leverage to ask for a raise or any other benefits because if the employer fires them then they have to leave the country now. My wife doesn't work in tech, but she's here on an H1-B and it's been a nightmare for her. We're trying to get her status changed so that she's a resident but that process is slow and opaque. For the time being she can't even travel either, she can't go home to see her family. If she leaves the country then her petition for status adjustment is considered abandoned and the process starts over. Trump isn't making the situation any easier with his executive orders.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:Sounds like indentured servitude by Spy+Handler · · Score: 2, Insightful

      That may be true, but what other choice was there?

      On one hand, you had a politician who openly and proudly proclaimed she will import as much cheap labor as possible. And was well known for having gone from being dead broke to a net worth of $100 million, pretty much exclusively from political cronyism (no one really believes Wall street bankers gave her $500,000 per speech because she had a pleasant voice)

      On the other hand, you had a guy who so far has not taken any political bribes, and who said he will put a stop to this. So it was a choice between someone who you know with a 100% certainty will do something bad, versus someone who might do it but at least he's saying he won't.

    3. Re:Sounds like indentured servitude by bluefoxlucid · · Score: 2

      Consumers pay wages, as the revenue pays your wage.

      Trade tends to improve wealth. I've done the analysis for eliminating Chinese imports of pants and it's pretty hard to not net-loose American jobs unless you pay about minimum wage; that's not the problem, though. The loss or gain of unemployment statistic will buff itself out with labor force growth in a few short years (like 1-3). In all cases, however, you end up with more than doubling the cost of pants--meaning consumers are able to buy less stuff.

      Think about what happens when you have a place like Silicon Valley where people pull $150k salaries, and you have to buy a product that takes some hours of work to produce. It's fortunate that technology cuts out so much of the actual labor--that way there aren't as many wage-hours sunk in per delivered good, and we don't have to pay all those wages.

      Ultimately, lowering the product of wage times labor means a reduction in prices. Making goods at a lower cost allows you to target broader markets, which lowers the barrier for entry into a market. This increases competition and causes smaller net profit margins. In the case of Apple specifically, they want to position themselves as a luxury good provider, narrowing their market to gain wide margins--the broader market for the iPhone, for example, is smart phones, and Android phones pull one hell of a narrow margin across the board compared to iPhones.

      The net effect across all markets is a lowering of costs, lowering of prices, and increase in accessibility of goods. That means wealth among the full span of incomes: the lowest- and middle-class consumers benefit from this.

      Understanding all of that requires a grasp of history and an ability to actually look at what happens in the real world, though. Most people prefer to live in a politically-driven fantasy.

    4. Re:Sounds like indentured servitude by fluffernutter · · Score: 4, Insightful

      Why would anyone bribe a president that dispenses highly classified data for free? Plus I'm sure there are bribes, they are just obscured in business dealings.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    5. Re:Sounds like indentured servitude by Spy+Handler · · Score: 2

      Good point.

      Lincoln was a Republican but not exactly a free trade idealog. He would do things contrary to subscribed political ideologies if he felt it would better serve the interest of the people.

      "If I give my wife twenty Dollars, to buy a cloak and she brings one made in free-trade England, we have the cloak but England has the twenty dollars; while if she buys a cloak made in the protected United Slates, we have the cloak and the twenty dollars."

    6. Re:Sounds like indentured servitude by squiggleslash · · Score: 5, Insightful

      On the other hand, you had a guy who so far has not taken any political bribes

      It's kinda difficult to take a political bribe when you're not a politician. However, Trump openly bragged about giving political bribes, making it clear he was 100% corrupt.

      So it was a choice between someone who you know with a 100% certainty will do something bad, versus someone who might do it but at least he's saying he won't.

      Trump never said he wouldn't, he made it clear he was perfectly OK with bribery!

      Clinton was just another politician. She wasn't especially corrupt, the worst anyone could say about her that wasn't a blatant distortion was that she was quite happy to get paid huge sums of money for making private speeches to Wall Street. There's never been anything specific anyone could point at that Clinton did in response to getting paid to make speeches, beyond the speeches themselves. Clinton endured a 25 year long smear campaign which threw mud constantly at her, making almost every allegation of wrongdoing against her suspicious and likely false.

      Trump? I'm struggling to understand why anyone would think he wasn't going to take bribes. It sounds like a lot of people were so blinded by their hatred of Clinton that they choose to project in Trump a trust that was wholly misplaced, rather than looking at his words and history over 30-40 years, showing him as one of the nation's biggest sleezeballs.

      --
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    7. Re:Sounds like indentured servitude by sabri · · Score: 2, Insightful

      The president doesn't get to arbitrarily break laws, or communicate sensitive information to hostile foreign powers. What next, you will defend him selling the blueprints for the nuclear submarines, complete with highlighted weak points?

      I'm far from a fan of the current president. However, as the chief of the Executive Branch, the President (this, the previous, or the next one) has the ultimate authority over his subordinates. The CIA, FBI and NSA all report to the President, and as such POTUS has the authority to declassify any information he (or she) wishes to, and share it with whomever he feels is needed.

      Remember that you have no idea what is going on. Maybe those blueprints for nuclear submarines are exchanged for hyperdrives, or the removal of nuclear warheads from Cuba. We don't know, and we have to trust the elected President. If we can't trust this one, we should not have elected him.

      And for the record, I did not vote for him.

      --
      I'm not a complete idiot... Some parts are missing.
    8. Re:Sounds like indentured servitude by fluffernutter · · Score: 2

      Read my words. Most people are done with that shirt before it has a hole in it, because of the perception that it is out of style. Plus even my cheapest T-shirts last 5-7 years, and I have cats that tear into them frequently.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    9. Re:Sounds like indentured servitude by liquid_schwartz · · Score: 2

      Clinton was just another politician. She wasn't especially corrupt...

      I can only guess at your definition of corrupt.

  3. Immigration by Anonymous Coward · · Score: 2, Insightful

    How about we just allow these H1B candidates to immigrate? Then they can be citizens and pay taxes on whatever salary they accept. They might even buy some foreclosed houses.

    1. Re:Immigration by Jzanu · · Score: 3, Interesting

      How about we just allow these H1B candidates to immigrate? Then they can be citizens and pay taxes on whatever salary they accept. They might even buy some foreclosed houses.

      That is the most practical solution ending the problem of visa-based slavery, but I doubt the Americans will ever do it. They idolize Saudi Arabia and the UAE for their greater materialism, and wish to inculcate the same mistreatment of workers - especially "foreign" workers. That allows their politicians to wag the dog and blame the other for the systemic economic problems they fail to address.

  4. L is more abused than H1-B by magarity · · Score: 5, Interesting

    L visas let the employer pay the foreign employee's home town wage for up to a year while in the US. When I lived in China for a couple of years I interviewed with the local IBM office about database consulting. They wanted to fly me to the US on an L visa while paying the local wage of about $1K USD which would be OK there in town but not in L.A. The hiring manager assured me on the 3rd level interview that they did it all the time and it was no problem. Then I mentioned that as a US citizen I couldn't be sent on any kind of visa and I couldn't work in the US for sub-minimum wage. He hung up and I couldn't get him to answer when I called back. Since they wanted to hire and send me immediately but an L visa requires a prior year of employment, minimum, they were obviously quite handy at lying on the paperwork. Think about this the next time big blue sends in a consultant from another country.

  5. Hire wages aren't enough by rsilvergun · · Score: 2

    there's training. An H1-B comes from a country where the cost of living is a fraction of mine. You could triple those wages and they'd still be a good value for the money.

    The program needs to be shut down. It was created to solve a labor shortage that never existed. Companies just don't want to train. If you want to work in America you invest in America. If you don't like it you can leave. We've got plenty of everything anyone would want.

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  6. Raise the wage by byteherder · · Score: 4, Insightful

    If companies would be required to pay at least $120,000 as one bill in the House requires, all the H1b problems go away.

    Tech companies don't want to do this.

    Why don't we just bring back slavery? It would be more honest.

  7. Re: A lesson in spinning by Opportunist · · Score: 5, Insightful

    But there is a shortage of STEMs with 20+ years experience willing to work for 40k a year. It's absolutely impossible to find any.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  8. A minimum wage would solve this problem by zerofoo · · Score: 4, Interesting

    If H-1B visas really are used to hire the best, brightest, and most rare talents - then a minimum wage of $150k/year should be no problem.

    This would solve the problem instantly.

    However, I suspect that instead of asking for larger H-1B visa caps, most H-1B visas would go unused.

  9. You don't say? by Dracos · · Score: 3, Insightful

    Low wages is the entire point of the H1B program.

  10. Fix this! by Rastl · · Score: 2

    Visas should only be allowed for positions posted with a salary of $250,000 or higher. There's plenty of qualified and/or trainable talent for jobs under that level.

    Placement companies should get 1% of the annual take home pay for the candidate upon retention. One payment, one time.

    By taking away the low cost incentive to the hiring companies and the huge profit from the consulting company the visa program will dwindle pretty quickly.

    1. Re:Fix this! by Cederic · · Score: 2

      You appear to have completely, totally and embarrassingly missed his point.

      If the skillset is that fucking hard to find then it's worth $250k. If you want to pay less, train someone.

      You don't have to pay local staff $250k, you can hire them for less. You just can't use the fact that they wont join you to write cobol for a lower salary than they can get in Michigan using modern tools to justify importing foreign labour.

  11. Re:They make less than I do... by __aaclcg7560 · · Score: 2

    Then why haven't you already gotten a better one instead of reminding Slashdot daily about your low salary?

    Because I'm on a five year mission to explore strange new worlds, to seek out new life and new civilizations, to boldly go where no man has gone before.

    (Let's see which pre-written excuse he uses this time.)

    You didn't see that one coming.

  12. Re:I mentioned this elsewhere by dj245 · · Score: 3, Informative

    but $120k isn't nearly enough. Training is expensive, and these people come pre-trained on the cheap thanks to the crazy low cost of living in their countries (supported by a massive underclass, no safety net and no environmental or employee protections). These are suppose to be the best and brightest the world has to offer. Either that or employees that are so desperately needed that training isn't an option. Start at $300k/yr and adjust for double inflation (so they can't cheat there too). That's about what a PH D in a profitable field makes, right?

    I think $120k, with control for future inflation, is about right. I have worked for several international companies. They all invariably needed to bring in compliance officers, liaisons to the home office, and similar positions. You really need someone with experience and clout back at the home country. A local person, even one fluent in the language, is not an effective advocate. There would only be a couple of these types of roles in the $100-150k range, all the other employees would be locals (but paid similarly). $300k is too high and would put a damper on investment and hinder international business.

    --
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  13. Re: A lesson in spinning by N!k0N · · Score: 3, Insightful

    You forgot "on a platform that is only 5 years old" ;)

  14. No, it isn't by shaitand · · Score: 4, Interesting

    "but it can pay low wages to visa workers if it wanted. This fact is at the heart of the H-1B battle."

    No. This battle is not just about the wages paid the H-1B workers, it is allowing allowing there to be any H-1B workers if there are US workers who could perform the task at any price or do so with reasonable training (in high tech environments new employees generally need up to 12 months to get up to full speed).

    H1B workers should not be allowed in to keep current wage levels, to reduce leverage skilled employees have in the local free market, and certainly not to replace/displace local workers. H1B workers are for when local talent does not exist. Period. The same is also true of the back door using accelerated degrees from foreign nations to get student student visas for US grad schools. US schools might be willing to sell out since these students pay max tuition and US companies having programs which then pay for/reimburse the education costs might make this feasible but it isn't in the overall interest of the United States.

  15. Re:They make less than I do... by bondsbw · · Score: 2

    Then why not move to that rural area?

    Because Silicon Valley offers perks that might make it worth living in poverty. Maybe it's the access to infrastructure, better job conditions, better health care, better career prospects, nicer weather, better beaches, etc.

    I don't get all those things where I live (Alabama). I telework, so I could move to the bay area and nothing about my job would change. But my employer isn't going to provide a higher wage for the same work. No employer would, nor should they be forced to.

    Everybody talks about cost-of-living. They never seem to talk about perks-of-living.

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  16. Re:They make less than I do... by __aaclcg7560 · · Score: 2

    Then why not move to that rural area?

    I'm trying to negotiate moving to a low cost area but my employer is reluctant to let me go from Silicon Valley. They have an extremely hard time finding people to fill the positions here. They don't want to pay the average $108K per year salary because workers in New York City, Washington, D.C., and elsewhere will want a pay increase. I'm not moving anywhere unless I have a job to go to.

    Because Silicon Valley offers perks that might make it worth living in poverty.

    I was born and raised here. My parents were born in the middle of the Great Depression, knew what poverty was, and lived a modest lifestyle (not that mother didn't try to spend every dime). I live a modest lifestyle in Silicon Valley, save 20% of my income, and I'm content with what I have. Just because I have no desire to own two Tesla cars at the same time doesn't mean I'm living in poverty.