Employer ownership of GC queue

Microsoft oMAG58
Oct 23 20 Comments

TLDR; Employers buy quota ahead of time to file 140/485. Employer decides merit and who gets to file. Backlog generated within companies is employers problem. Provisions to turn shady companies employer/employees on each other.

I'm a naysayer for only removing country cap, but many of you don't like merit-based because you don't think USCIS will do a good job evaluating merit. How about this hypothetical idea similar to something that is floating around for the H1B?

140/485 slots are purchased by employers and employers only. You cannot file these without a purchased slot number. Prices increase linearly when you purchase more. Employers can purchase up to 20% of their total on-site citizen/GC employee count at this pricing and any more after that the price increases exponentially for the entire order. This is to prevent ICC firms from cannibalizing the shares and prevents companies from hiring work visa individuals exclusively. Unused slots do not carryover and cannot be refunded.

Employers decide who to give the purchased slots to. Most likely legit employers will do this by performance, contribution, seniority, etc. Even then I believe legit employers will likely buy enough slots for the employees they want to sponsor. Shady companies will probably auction off the slots to the highest bidding employee to recoup the cost of the slot purchases. If you received a slot/GC because you paid for it or you have some unknown deductions/fees on your pay that was not filed to USCIS, you can anonymously report your employer, receive a large cash reward and still get to keep your GC. If you didn't receive a slot but have definitive proof that's happening, you can also report to get the same reward and be offered a GC filing immediately without sponsorship. Employers will be barred from purchasing any additional slots for the next x years if evidence is deemed a violation.

So at the end of the day, if you're skilled, you want to go with reputable companies or reputable consulting firms. If you're not having luck getting job offers and resort to ICC, then it means you really shouldn't be receiving a skilled work visa in the first place let alone a GC so either you stay in the backlog of that employer, do something to up your game, or get booted when your work visa expires without 140 approval. Just keep in mind that someone receiving the GC by paying for the slot may turn on the employer once they receive their GC for monetary reward so backlog within that employer will grow. This also means merit is partly defined by how attractive you are to employers in your industry. If you can't get job offers from companies that will legitimately obtain a slot for you, then you are not as skilled as you claim to be.

Everything else in the process stays the same, with the slot number, you file for 140/485 separately or concurrently. There is no priority date anymore.

What do you country-cap-removal-die-hards think about this hypothetical EB GC system?

TC: 200K

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TOP 20 Comments
  • Apple KGHP41
    Too complex. Here’s the easier version: USCIS accepts petitions each year for GC. Top 140,000 highly paid individuals are awarded GCs that year irrespective of CoB. The ones who don’t make it, try next year.
    Oct 23 5
    • Microsoft oMAG58
      OP
      So... f-ck startups?
      Oct 23
    • Facebook bl@ckmamba
      This is the worst idea. It would skew it to folks working in expensive places like the Bay Area.
      Oct 23
    • Apple KGHP41
      Do startups need low paid employees? We’re talking about GCs here. Startups can still petition to bring folks on H1Bs. If that startup makes it big, that employee will make shitloads of money and qualify.

      @Facebook buddy your low TC is showing. This isn’t some socialist scheme to distribute GCs to the needy.
      Oct 23
    • Microsoft oMAG58
      OP
      That is true. It's not bad, but if it has some provisions from H1B abuse it would be great. People who don't make the cut shouldn't be allowed to stay here indefinitely on H1B. This is the reason why H1B processing is getting slower, questionable denials, etc.
      Oct 23
    • Apple KGHP41
      You’re all over the place buddy. H1B is a separate issue. The abuse is mainly due to consulting companies. If they simply make it illegal to use H1B for third party employment and remove the cap exemption for non profits & educational institutions, things will be much better. 90% of the H1B abuse will stop immediately.
      Oct 23
  • Dell 1221
    Who got time to read so much man
    Oct 23 1
    • Microsoft oMAG58
      OP
      Added a TLDR version.
      Oct 23
  • Facebook x314
    I read most of it. Not a good idea.

    It would encourage big firms to break down into many smaller fake companies to enjoy the cheap quotas.

    In the end, we will have 1 million companies each with one 140 applicant.
    Oct 23 3
    • Microsoft oMAG58
      OP
      Hmm true what if you restrict new companies from purchasing for n years.
      Oct 23
    • Facebook x314
      It’ll solve the problem. For the first n years. Then everything will be the same.
      Oct 23
    • Microsoft oMAG58
      OP
      Then set a minimum percentage of citizens/PR employees required to qualify for purchases? A million companies with a job for at least one citizen/PR is a million jobs created.
      Oct 23
  • New waas87
    You should be put on PIP for such long posts
    Oct 23 2
  • Coupang asef
    Already I see too many desis in the Bay Area. Remove the country cap, we can call the Bay Area the Bangalore || or Hyderabad ||.
    Oct 23 1
    • Google / Eng manoi3
      Even the TSA is Indian lol
      Oct 24
  • BAE Systems oysters
    I honestly can't see anything changing. If you remove a country cap you risk removing diversity on legal immigration, and if you increase GC count you put pressure on the job and housing market in the US. I would imagine that more companies will just start moving roles back offshore and pay slightly better than local market rates.
    Oct 23 0
  • Google / Eng manoi3
    Sounds like bitcoin
    Oct 23 0
  • New / Eng Incept
    TLDR
    Oct 23 0

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