This is meant to open a proper discussion. Please do not target any group with insults or hate. I have Indian friends, and I care about them as well.
Let's start with the things I believe we agree on:
- American jobs should protect American citizens first and foremost
- H-1B body shops whose sole product is hiring foreign applicants for contract work, have taken advantage of a loophole using mass third-party contracting, which has caused a huge overflow in H1B applications causing for the need for a lottery in the H-1B process and a huge backlog in India employment based categories.
- Legitimate applicants regardless of country-origin should not be punished for these abuse by H-1B body shops.
To handle the huge backlog for green card applicants from certain countries, mostly from India, Senator Mike Lee and Kamala Harris introduced a bill that would remove the 7% cap per country and change the employment based allocation to be a first-come first-serve. This would benefit mostly Indian countries at the expense of other countries. At this point, because there is no per-country cap in H-1B applications, Indians receive over 75% of H-1Bs.
The problem with S386:
- It is an easy solution that does not solve the problem: It is a quick bandage that does not go at the root of the problem, which is H-1B body shops taking advantage of loopholes in the system.
- It just makes the rest of the world carry this burden.
- The backlog will never end as H-1B body shops will be incentives to continue abusing the system.
- The solution is an American-first solution. You need to have a legitimate American company who wants you
The problem with ignoring S386:
- Everyone deserves a fair chance. Legitimate candidates from India should have a chance at a decent timeline to a green card.
- Starting from 2020 fiscal year, H1B body shops (defined as any company whose sole product is hiring foreign applicants for contract work) and third-party consultants will no longer be able to submit H-1B applicants or employment-based green card applications. These body shops are not American-first and their very essence is a conflict of interest to hiring American workers. By implementing this rule, this will get rid of the need for an H-1B lottery and will eventually get rid of the backlog in the employment based green card category for India.
- For employment based categories with a huge backlog (i.e. India EB2/EB3), a special merit-based system will be carved out to allow legitimate candidates to come to the front of the line of the backlog for their category.
The point based system will be gotten mainly from the I-140 and a combination of skills. Negative points will be given to certain attributes:
Third-Party Consultancy/H-1B body shops: -5 points (Highly skilled folks with an I-140 from a third-party consultancy can keep their priority date and file the I-140 with a company that does not specialize in third party work)
From a high-tier company with high impact on our economy or health: +5 (These companies could include well known tech companies (FAANGs and more), health companies, universities and more)
Here's a sample of how this would look, attached.
I would love to hear your thoughts. This is the discussion I feel we should have had in the first place.
Although there is a big issue with body shops we should have country cap even if there was no any body shops and all applicants are fair. We should not give more than 7-10% of employe based GC to one country.