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Hey Robert - My Question: What do you think would happen to tech in America if H1b's were done away with and all foreign workers had to leave?



Not Robert (and I defer to anything he has to say) but I teach a class that uses the LCA [H-1B] visa application database as a test dataset. If you banned all H-1Bs today, you would effectively be losing approximately half a million talented workers.

Now, some would like to argue that this would "free up" half a million jobs for U.S. citizens, but keep in mind that the H-1B is for skilled labor that an employer couldn't find a citizen for. There are H-1B abusers, like Wipro, Qualcomm, etc., but they only accounted for about 3-4% of the applications in 2015, and are (thankfully) being dealt with on an increasingly frequent basis.


I have never seen an H1B job posting that was truly for "skilled labor that an employer couldn't find a citizen for."

However I _have_ seen H1B postings so specific that one might wonder if the only missing information was the first and last name of the "chosen one" along with his birthdate, his second son's middle name and a traced outline of the birthmark on the back of his left shoulder.

In all instances the candidate had been chosen _before_ the job was posted publicly in the US. In some cases the chosen one was a relative of the person choosing, in others a crony of the one choosing.

The only reason for the US job posting was to bring in the requisite number of unsuspecting US citizen applicants who were then _always_ rejected.

So, using your number, if we banned all H-1Bs today, we would effectively be opening approximately half a million jobs for talented US citizen workers and selling half a million one-way tickets on boats or planes to other countries.


>I have never seen an H1B job posting that was truly for "skilled labor that an employer couldn't find a citizen for."

What exactly do you mean by these "H1B job postings"?

Job postings do not advertise visa sponsorship. A large portion of the H1B applicants were already working their job for some months before applying, under the OPT program. Also, a quarter of all H1B visas are only given to applicants with verified advanced education degrees (Masters, PhD, etc.).


To be clear, the H-1B does not require a test of the labor market (unless the employer is "H-1B dependent"). That's only required in the PERM/GC context. The standard is whether the offered job qualifies as a professional/specialized job and whether the individual has the right educational background.


> but keep in mind that the H-1B is for skilled labor that an employer couldn't find a citizen for at a price they were willing to pay

Trust me, there are a lot of abuses of the H1B program from "main stream" tech companies.


Let's assume I don't trust what you're saying at face value. What are some examples or sources?

The Disney debacle cost Infosys $69 million, and they're included in that 3-4% number I quoted if that's what you're thinking of.


I didn't down vote you but it really should be on you to inform yourself before you start making claims.

- http://cis.org/PayScale-H1BWages

- The fallacy of a labor shortage is apparent when you look at it in terms of any other market. I don't say there is a Porsche shortage if I can't afford one.

- 80% of H1-Bs come in at the lower 2 of 4 pay levels. In fact, there is so much variability in the salaries that you essentially have a very good case for hiring a software developer in SF for 60k or 140k and it's up to the employer to choose with little accountability. In fact, employers can provide their own wage survey data to support the wage on the application.

- H-1B is for the best and brightest, so why are they typically low man on the totem pole making an "average" wage working on low impact projects?

- The quality of foreign students, the bulk of H1B visa holders, has been studied and called in to question, http://www.epi.org/publication/bp356-foreign-students-best-b...

- Entry level CS graduate wages have fallen 3.7% between 2014 and 2015

- "main stream" tech companies have recruiting processes that essentially give excusivity to foreign students. (Masters degree+ requirement, 6 month internships, OPT extension, etc)

My feeling is we have plenty of unemployed and underemployed university educated people within our borders and I wish there was more of an effort from our government and industry to utilize those folks and only reach for the H1B when we really can't find the talent domestically.


I agree, hence asking for more information when someone backs their claims with just, "trust me".

- CIS is a anti-immigration think tank founded to provide numbers for the republican party. The study you link to is cherry picking data regarding location and prevailing wage.

- There is also no way to prove if there is or is not a labor shortage. I think we can agree that this is something that can definitely be improved on.

- Wages are long-tail distribution, so you're going to see lower tiers having higher enrollment. UCSIS reviews immigrants based on their experience and education levels, and will typically reject if the employer is under hiring.

- You may be confusing the H1B with the O (Outstanding) visa. H1B is for talented labor only, it doesn't mean manager-level , so I'm not sure why that's your assumption.

- Again, if you're assuming that you're filling the skilled labor shortage, that doesn't guarantee that you're hiring higher-quality skilled labor than the already-employed supply. The socioeconomic environment of skilled labor immigrants may be different enough to warrant such a gap, but that doesn't negate their current skills. We should definitely continue to question and evaluate the quality though.

- And how exactly is a 3.7% drop in CS wages attributable to the H1B program? H1B immigration caps (supply) haven't changed for years. H1B visa != outsourcing.

- You'll need to prove this claim with more than just "trust me" too.

This may come across as harsh, but your feelings don't really matter on the issue because they are likely biased. The U.S. is currently at a record low of unemployment, and the H1B caps haven't increased in years, meaning that the H1B visa holders are not likely causing whatever it is you're feeling.


Related question, would Donald Trump actually be able to do away with the H1B as he suggested he would a couple of months ago?


He did not suggest doing away with the H1B program. He did say he wants to end abuse of the H1B program.

H1B abuse typically involves posting an absurdly specific or unappealing set of requirements in a job ad tailored to the person you're trying to get a visa for. If any qualified US person actually does apply, they are rejected for whatever spurious reason. The employer can then claim "no suitable candidate can be found" and get a visa for their immigrant.

I'm not sure how this can be prevented.


> Related question, would Donald Trump actually be able to do away with the H1B as he suggested he would a couple of months ago?

The President can't do much, including defining or eliminating visa categories; most of what Presidential candidates campaign on are legislative priorities which would need to be passed by Congress.

Congress absolutely could eliminate the H-1B.


Can you please point to the source where Trump said he would 'do away with the H1B'?


He's flip flopped on in several times now, going from banning to allowing to ending it completely.

https://www.washingtonpost.com/news/fact-checker/wp/2016/03/...


Probably too political a question to begin with and definitely gets too political downthread.




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