Balanced View of H.R 1044 / S.386

Oct 5, 2019 50 Comments

So, I am from India and wanted to publish a balanced take on the S.386 / H.R.1044 Bill to remove country caps for employment-based green cards. Here are my thoughts:
1. Firstly, I think the bill is a tad bit aggressive with increasing the cap to 85% followed by 90%. And understandably, there is opposition from ROW who don’t have the backlog problem. Obviously anyone will oppose it if you are making life difficult for them, I don’t know what is so hard to see here? If Indians didn’t have the backlog problem, then I am pretty sure they would oppose the bill too if their wait time will increase from 0 to a decade.
2. Let’s not play the victim here by showing pictures of kids who are aging-out. You came here to get a good job and make money, and I am pretty sure you realized the problems with the GC backlog after coming here. You just chose to continue living here for money, weather, opportunities, intertia to move or whatever else it maybe. This situation is completely voluntary and you need to accept it as a high-risk-high-reward gamble. Nobody is forcing anybody to stay here and you can always compromise other factors and immigrate to another country like Canada, Australia, Singapore etc. if immigration status were so important to you.
3. Having said that - here’s my appeal to people from ROW countries (and China) for spewing all that hatred and blanket accusations of fraud to Indians (a.k.a ICC companies). Please understand that USA is a popular destination from most Indians and most study and work hard to come here. It is ambition and a hope for better future that is driving a lot of demand for Indians wanting to come to USA. I think from an ICC fraud standpoint, it is the responsibility of the appropriate agencies such as DOL and USCIS to investigate and stop such activities. Please do not blame all Indians and say that everyone should be penalised. ICC fraud is not the only reason there is a backlog for India. I think it’s just that a lot of (qualified) Indians do want to come to US and settle. There should be a solution to address these qualified Indians who are not treated on par with a qualified candidate from another country.
4. While I appreciate the efforts and activism shown by groups such as Immigration Voice, I have serious disagreement with some their recent communications, open negativity towards Senators (Mr. Durbin) and arguments against ROW countries. This will not help anybody and will only attract more negative attention from conservative anti-immigrant media outlets such as FOX, Breitbart etc.
5. If we want to make positive change happen, I think we need to be more tactful in addition to being active. I appreciate all the energy people have put in towards voicing support for S.386 and this is great! I think that a better version of S.386 is possible and here’s what I would add: a) Bring relief to people with approved i140 (May be make them eligible for EAD / AP) b) Make the country cap phase-out more gradual (May be start with 15% cap and move to no cap in 10 years) c) Prioritize people (Maybe STEM degrees from a list of top 100 US universities, high-paying jobs or critical occupational sectors) d) Of course detect and stop abuse in H1b issuance, which is already addressed in the current bill.

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TOP 50 Comments
  • Microsoft stfuuuuuu1
    If all Indians come to USA for work. Who’s gonna stay in India and make it a better country? No one. Nobody is gonna solve your country’s problems but yourself
    Oct 5, 2019 8
    • OP
      The fact that you are hoping means you do give a fuck. I really think you should go and make India better given how much fuck you seem to give.
      Oct 5, 2019
    • Microsoft stfuuuuuu1
      Why would I? Lol. too many Indians in USA doesn’t benefit other ethnicities. We all know about icc abused H1B and Indian managers hiring bias
      Oct 5, 2019
  • Microsoft stfuuuuuu1
    Can we stop talking about this any more?
    Oct 5, 2019 6
    • Microsoft stfuuuuuu1
      I don’t wanna hear all the blah blah blah. We already knows this bill only benefits one country. And no way it’s fair in any case. Either come up with a new bill or veto till the end
      Oct 5, 2019
    • New Dandy
      Point #3 is for trolls like you... msft
      Oct 5, 2019
  • TriNet No-Huttuts
    How about you stay in your own country and work to make something better of it? Just an idea...
    Oct 5, 2019 3
    • Apple WOZ19
      Try taking a time machine and telling that to Tesla, Von Neumann and Einstein.

      The best way to change the world is science and technology, and it doesn’t matter where you do it. Go find the best people in your field, learn from them and aim to become even better than them.

      All these immigrants that I mentioned, their work changed the entire world for better, including their home countries.

      Already in India you see that vast sections of society have access to cellphones and the internet, like never before. That alone will have greater impact on the future of India than anything you or I could do while living there.
      Oct 6, 2019
    • Lyft nAcl08
      Lmao. Did Einstein cry for GC? Or did they start visa abuse business anyway?
      Oct 6, 2019
  • Lyft nAcl08
    I feel so lucky we had country cap. Otherwise we already get screwed. So I m against anyway to remove it. (Phase out is only making bleeding slower)
    Oct 5, 2019 10
    • New Dandy
      Because there are Indians in the backlog and there will still be enough people from India and China who will come here as grad students or high skilled and would wait longer than ROW, which is what s386 fixes.
      Oct 5, 2019
    • Lyft nAcl08
      Fix what? Make ROW wait longer so you can wait shorter? Country cap on h1b should prevent backlog of GC, that’s the fix.
      Oct 5, 2019
  • Verizon Media Atinlay6
    🙄
    Oct 5, 2019 0
  • Uber / Eng jojorabbit
    No one gives up their privilege without a fight. No one wants a fairer system if they benefit from the status quo
    Oct 5, 2019 0
  • Well said. A few modifications to make it fair for all does solve the problem and pass through the Senate. I'd highly recommend you reach out to Mike Lee or the Dick guy and discuss various ideas which works out for all. We definitely don't want to make silicon valley as another Indian state.
    Oct 5, 2019 0
  • Amazon bobcаt
    A good solution would be to stop considering junior engineers (lt 8 yoe) for GC (regardless of country of origin) and only allow truly skilled workers. Indians would still benefit because most FANGs have offices there and people could transfer once they become experienced enough. It’s hard to make a convincing argument that entry-level engineers with an MS are exceptionally skilled when there are so many of them. This will also eliminate a lot of the unskilled ICC employees.
    Oct 5, 2019 7
    • Amazon bobcаt
      > It shouldn't because it's employment based GCs and they are adjudicated based on a person's skill and not their country.

      We both know that statement isn’t true. If it were true, people wouldn’t be fighting to get S386 passed. Additionally, the bar for the skill part is very low and poorly defined (EB3 and EB2), and based on recent RFEs, it seems the government is not capable of distinguishing between Staff Engineers at Google and entry-level consultants at Infosys.
      Oct 6, 2019
    • Microsoft Tattle
      Agree and the other reality is 85% of all of US greencards go to low skilled people without college degrees. The system is broken and needs a reform. But fixing it requires CIR which would never happen. S386 was a decent enough compromise which could have passed with negotiations on giving more GCS to ROW during the initial period. But we all know nothing can pass so why would this pass. Indians should just make alternate arrangements and may be move back or to a different country. The sooner people realize that the better it would be for Indians.
      Oct 6, 2019
  • Microsoft m1cr0s0fty
    Tldr
    Oct 5, 2019 0
  • Google / Eng manoi3
    Has anyone considered increasing the total number of available greencards?
    Oct 11, 2019 4
    • Amazon 🐅 woods
      People can also be sent back.
      Oct 11, 2019
    • Google / Eng manoi3
      Unfortunately we already do that.
      Oct 11, 2019

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