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Greg Siskind on Immigration Law and Policy

GOVERNMENT ACCOUNTABILITY OFFICE RELEASES REPORT ON H-1B PROGRAM

Rating: 2 votes, 3.00 average.

A fat report and one with some helpful recommendations and statistics.


Here are some of the more interesting items I found -


- Of the top 150 H-1B employers, 24 were deemed H-1B dependent (a high percentage of workers on the H-1B) and 9 had prior H-1B violations.


- Real earnings growth for US workers in occupations with proportionately more H-1B workers - particularly IT - was actually much stronger than the general US worker.


- Engineers and IT professionals on H-1Bs were more than twice as likely as their US counterparts to have advanced degrees.


- The proportion of new H-1B professionals in the major H-1B occupations remained largely constant over the last ten years except for IT which shrank from 5.1% to 1.4%.


- "Start-up companies, which some argue are the backbone of innovation in the United States, cannot use the H-1B visa for their employees until their company is fully established."


- Congress should consider eliminating the preliminary Labor Condition Application filing with the Department of Labor and have employers submit the form together with the I-129 form to USCIS


- USCIS should allow employers to rank their applciations for visa candidates so that they can hire the best qualified workers for the jobs in highest need


- USCIS should distribute applications granted under the cap in allotments throughout the year (e.g. quarterly)


- businesses with a strong track-record of compliance with H-1B regulations should get to use a streamlined application process.


 

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  1. George Chell's Avatar
    All reasonable proposals.
  2. USC's Avatar
    Today's WSJ has this piece: Jeb Bush to GOP, don't lose the plot on immigration:

    http://online.wsj.com/article/SB10001424052748703583404576080053621757790.html?mod=WSJ_Opinion_LEADTop

  3. USC's Avatar
    Article in Bloomberg on Can's dangerous immigration stance:

    http://www.bloomberg.com/news/2011-01-16/republican-anti-immigration-stance-bodes-2012-risk-albert-hunt.html

  4. gg's Avatar
    The future for importing temporary high skilled workers in the medical, technology or engineering fields clearly looks challenging to me.

    INDIA which is the top consumer of worker visas as per this report is currently growing at an astronomical rate of 8% and very likely to eclipse CHINA in 2012 as per WORLD BANK.

    With better living standards and oportunites becoming available right at home and ever increasing awareness of hostile immigration policies, there is very good possibility that
    people will choose to stay back home rather than using INDIAN tax payer funded education to work in America as an indentured servant.




    Links :

    India's growth set to beat China's in 2012: WB

    http://www.governancenow.com/views/think-tanks/indias-growth-set-beat-chinas-2012-wb


    INDIA says "jai ho" to Universal Healthcare for 1.2+ billion people

    http://www.hindustantimes.com/Govt-plans-health-cover-for-all-Indians/H1-Article1-651307.aspx
  5. George Chell's Avatar
    "The future for importing temporary high skilled workers in the medical, technology or engineering fields clearly looks challenging to me.

    INDIA which is the top consumer of worker visas as per this report is currently growing at an astronomical rate of 8% and very likely to eclipse CHINA in 2012 as per WORLD BANK.

    With better living standards and oportunites becoming available right at home and ever increasing awareness of hostile immigration policies, there is very good possibility that
    people will choose to stay back home rather than using INDIAN tax payer funded education to work in America as an indentured servant."

    And dont forget other countries competing for Indian and Chinese talent and using them as a lure to US companies to establish plants or offices there...eg. Canada, Australia, Singapore and Hong Kong.

  6. Jim's Avatar
    The future for importing temporary high skilled workers in the medical, technology or engineering fields clearly looks challenging to me.

    "INDIA which is the top consumer of worker visas as per this report is currently growing at an astronomical rate of 8% and very likely to eclipse CHINA in 2012 as per WORLD BANK.

    With better living standards and opportunites becoming available right at home and ever increasing awareness of hostile immigration policies, there is very good possibility that people will choose to stay back home rather than using INDIAN tax payer funded education to work in America as an indentured servant."

    True and people from India AND China may very well stay at home instead of going to the US because of their booming economies. This will also lessen the strain the EB system and free up visas for OTHER countries.

    For America's part, there's not much loss here either and even if there is it would be temporary. Other people from other countries are going to take up the slack.
  7. George Chell's Avatar
    "For America's part, there's not much loss here either and even if there is it would be temporary. Other people from other countries are going to take up the slack."

    However dont forget that other countries such as Australia will be competing for the same people...and China, Hong Kong, Canada and Singapore too! And China is importing skilled foreign labor more and more, including Americans!


  8. gg's Avatar
    "Other people from other countries are going to take up the slack."

    The point i am trying to make is US immigration policies are very harsh and hostile while immigrants make massive contribution to the economy. How is it possible in this country to work for more than a decade legally and still be waiting for a green card ? Do you have any idea how many H1 workers after waiting for years and years for a green card suddenly lost their jobs (due to the bad economy) and could not move to new company because they exceeded 6yr limit on their visa and are left with no job or residency status. Congress has been playing around with the H1 rules for years now to ensure the indentured service is alive and well.

    As for people from other countries stepping up to fill the demand, there is no such indication from the statistics in the report.
  9. Legal and no longer waiting's Avatar
    "Congress has been playing around with the H1 rules for years now to ensure the indentured service is alive and well"

    That would mean that the Congress is run by sketchy consultants. I was on H1 for 6 years, and I was never "indentured" (and yes, I had lost my H1 job due to a layoff in the past). H1 "slavery" is just as much a state of mind as a set of papers. Most regular (non-consultant) companies treat H1 employees just like any other employees. In fact, H1 employees are in many ways more free than Americans - they are generally younger, have advanced skills, not burdended with a ton of debt, and not tied to a particular location in the US.
  10. gg's Avatar
    LNLW, it seems that you are commenting without reading the report
    This is not about how your company treated you or not.

    Can you explain why H1 worker will have to go to the back of the line and start his green card process all over, anytime he chooses to change his employer. ?



  11. Legal and no longer waiting's Avatar
    "Can you explain why H1 worker will have to go to the back of the line and start his green card process all over, anytime he chooses to change his employer. ?"

    Your statement is factually incorrect. The worker does not go back to the back of the line - the old priority date will be availble to the worker after the change of job (aka "place in line") if the I-140 was approved. I-140 is job and employer specific, this is why it needs to be redone for every job.

    I was fighting your conclusion that Congress wants to keep people in indentured servitude. 1) There is no evidence that majority of H1s are in indentured servitude, even compared to Americans and 2) There is no evidence that the Congress is influenced in any way by the companies who tend to use EB filings to retain people in worse-off position.
  12. gg's Avatar
    The key to you answer is "if the I-140 was approved."

    Well ... what if not.. ?

    Go to the portal which has all immigration cases listed and you will find many that are interesting , maybe you will find your own company listed there.

    And then answer my question of indentured service.
  13. Jim's Avatar
    "As for people from other countries stepping up to fill the demand, there is no such indication from the statistics in the report. "

    Of course it's not in the report and part of the statistic. Why it should it even be there in the first place when they have yet to fill the demand. We can't add in more if the glass is full.

    It's but natural that someone will pick up the slack. Talent and skills are not the monopoly of India or China.

  14. Legal and no longer waiting's Avatar
    gg, your argument makes no logical sense, and you are using iffy facts. Yes, the laws suck, but reducing your argument against them to calling names, unsubstatiated accusations of Congress, and half-thruths are not the way to go.

    "maybe you will find your own company listed there. "

    Did not find what you meant by the "portal". There were no employers listed in the report. Nonetheless, I highly doubt any of my three H1 employers will pop up. I am not in IT, my employers were not in the tech or financial business, so make your own conclusion.
  15. Sid's Avatar
    "The key to you answer is "if the I-140 was approved."

    Well ... what if not.. ?"

    From what I read on forums, it's not trivial to port your PD after I-140 approval with a new PERM/I-140. If you switch jobs, the previous company may withdraw the I-140 application (even after it is approved) before the new one applies for PERM and the PERM is approved. There are companies that do that and companies that don't. It really depends on your luck.

    Porting 6 months after filing I-485 seems to be the easiest.

    Greg would be a better source of knowledge on this.
  16. Sid's Avatar
    "It's but natural that someone will pick up the slack. Talent and skills are not the monopoly of India or China."

    Is that right Jim? Care to explain why EB2-ROW is not backlogged?
  17. My 2 cents's Avatar
    Sid, that's a very good point. If the lawmakers could be enlightened on this fact everyone stuck in this mess would see a light at the end of the tunnel.
  18. Jim's Avatar
    "Is that right Jim? Care to explain why EB2-ROW is not backlogged?"

    EB2 ROW not being backlogged and EB2 China/India being backlogged has nothing to do with the statement "India and China does not monopolize skills and talent"

    What do want to hear anyway? I'll say it! Indian people and Chinese people are the most skillfull and most talented people. All other people from other countries are junk. Happy now?
  19. Jim's Avatar
    Or is it just one country?? Kindly indicate w/c country and I'll say it.
  20. Legal and no longer waiting's Avatar
    "From what I read on forums, it's not trivial to port your PD after I-140 approval with a new PERM/I-140. If you switch jobs, the previous company may withdraw the I-140 application (even after it is approved) before the new one applies for PERM and the PERM is approved. There are companies that do that and companies that don't. It really depends on your luck."

    You should get your information from the lawyers, not forums. The fact that the former employer withdraws your approved I-140 does not impact your ability to use the earlier PD. Not in any way.

    "Porting 6 months after filing I-485 seems to be the easiest."

    Technially, it is easier, because no new LC or I-140 are needed. However, in case of a withdrawal of I-140, it is a lot riskier than porting before I-485 is filed and filing a new I-140.

    Again, let's not make an argument based on incorrect information.

    And rather than bickering over measly 140K visas by deciding who's deservier, immigrants should come with better overall arguments for improving the system. For example, since the whole reason for the 140K quota was limit how many new people come to work, subjecting those who live and work in the US to those quotas is not in the spirit of the law - they are already part of the workforce. Arguments like that are more logical and will win you more supporters - let alone better immigration benefits - than starting the old sad song about country quotas (no, I am not a fan of country quotas, but the 140K is obviously a bigger menace). That's the thing about EB immigrants - they just tend to think "small and smaller".... /rant off
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