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. The solution: - 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) Masters: +2 PHD: +4 Bachelors: +1 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.
“Let's start with the things I believe we agree on: - American jobs should protect American citizens first and foremost” I’m going to stop you right there. Ever seen an immigrant refuse an H-1B job because they’re concerned about their American counterpart?
I would exclude the statement about body shops. 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.
Yeah, the country cap will still be in place. This merit based green card is carved out specially for backlogged countries. To get a green card within the 7 - 10% cap for a backlogged country, you need to use the merit based system or have a priority date that is current. Banning body shops is to eventually reduce the backlog.
That is stupid. Why is country of origin important for any legal purpose? That's clearly discrimination. We need to get rid of this tribal mentality. Should we have country caps when issuing licenses, visas or any other privilege? Should we legalize racism to restrict white people from running for office? Or becoming VCs? No, that's absolutely silly.
This won’t pass. The body shop rules will stop nursing body shops too. They will buy a few senators and voila. I don’t think it would even get past filibusters. If there’s something can get passed that is the merit based system. Dems want some pathway for undocumented population included in it and Republicans are opposed to it. That’s the last situation during Obama era. Now Republicans are against family immigration too. So they are diverging.
I love this!!! I always feel like genuinely skilled Indians are most impacted by this backlog. I know some really smart Indians who are discouraged from staying here because this is backlog at the same time I know lots of undeserving indians who used their country of birth priv , latched on to a ICC and now claiming to be "high skilled"
Ofc you would and you are delusional. Learn how bills are passed in US. This doesn't have any chance
Solid post! I am an Indian and I totally love this. True, the main culprits are the H1B body shops, many of those people have shoddy degrees from tier 3 universities in India and the kind of work they do doesn’t require them to stay here. This is impacting Indians with PhD Masters degrees from tier1 universities in US who deserve to get a chance to contribute to the American economy (and have the potential to make a positive impact)
Lol, new to USA? No one will give damn about this implementation. This kind of reform will never happen
Why do you think it has no chance of passing? Even President Trump proposed a merit based green card policy. This is not even a major reform. It does not increase the number of green cards per year or change any previous policy, such as country caps. It simply allows a new way of allocating green cards for backlogged countries, using a merit based system. This could easily make it past the House, the Senate and the President.
How about implementing 7% country wise quota for H1B?
How about implementing 7% country wise quota for new children being born as well? And if mixed race, you should be in both lines. Best way to maintain diversity.
“And if mixed race, you should be in both lines.” Ridiculous, mixed race should be its own quota.
We need 7% cap even for company hires. Company hiring more then 7% is not diverse and promotes racism. I don't care about what profits company make. Please call your senators! We need to stop this atrocity!!
You sound like you are joking but diversity quotas in companies is real. Look up the Youtube emails leak.
Great then. Then how come so many Asians and Indians? Also most dev roles hardly have any women. I have never seen good companies hiring only based on diversity. You have to perform well and meet their standards. Diversity may just help you to get a call but not a job only based on diversity in well known good companies!
Wow the Oracle dude is really angry. OP, we don’t agree on the exact details but this is a great post aimed at building consensus and we need more content like this. The one area I think must be addressed is education. H1B is essentially a failure of US education system to produce the talent required by the economic engine. This is natural, but when you have it in the same industry year-after-year it must be addressed. In tech in general there are a lot of good H1B recipients but in my career I’ve never seen one who made me say: “yep, no amount of education will make this, this is pure natural skill”. Our skills can be learned.
Are you referring to me? Why do you think am angry? I am just participating in a discussion I have lived long enough in US and seen how reforms happen. Everywhere in world its a vote bank politics. No matter how much you discuss here what is your plan to gt this executed? Do you think politicians will give a damn about your consensus? Learn how real world works instead of proposing. You need to follow US politics closer! Also, learn what participating in discussion means.
At Oracle it apparently means leading with uninformed ad hominem attacks. I single you out because rather than truly debating an issue you stoop to making judgements about those you are arguing against and use extremely charged language “learn how real world works”, who died and made you boss of that? This kind of discourse is typical on social media but OP is different, (s)he is making a real attempt at a realistic proposal.
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And you think senators or politicians care about legal immigration? It's all about vote bank politics anywhere in the world This major reform will never happen
Republicans for sure don’t give a fuck. Even if they did, they’d struggle to do anything meaningful due to their lack of general competence. Democrats are slightly better and competent.
So what did Obama do? USCIS was worse during his time allowing all fake profiles in H1B