From the H1B website
The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
Now let's look at the top 10 companies that sponsor H1B visas:
Deloitte & Touche 16,409
Tata Consultancy Services 14,604
Cognizant Technology Solutions 13,074
Ernst & Young 6,893
Tech Mahindra (Americas) 6,464
Immigrants are a good thing, but the continued deceptive practices used by these companies to not hire people from the US is a problem. This is what your opponents are going to focus on and push forward. Disney bringing in H1B holders to replace workers, and the courts siding with Disney did not help the immigration story in the US.
It doesn't matter what good former H1B holders did if your kid / spouse / you got fired and replaced by cheaper H1B labor that you had to train to do your job. If you don't solve that problem then they will ignore any "how good it is" arguments.
Like with many things today, nuance is all but non-existent in this argument.
I stated the "knee jerk" reaction. It is H1B is being used in a manner contrary to the law, this results in lower wage workers replacing domestic workers via contracts with "body shops". Often the worker is forced to train his/her replacement by holding severance over their heads.
Also, India is actually too expensive for some of these companies. They are recruiting from other countries with lower standards of living. I know of at least one Ag company that replaced workers with those from the Philippines because India was too expensive.'
Their isn't a lot of room for nuance when these companies are breaking the law but getting away with it.
Maybe they shouldn't have been in this profession at all and find a different line work. Jobs are not guarantees, you are not owed anything. If their job got h1b-ed then it doesn't need to exist. It's the typical dare-i-say, [mostly white american male] entitlement, that anytime they didn't get what they wished for, and <ka-boom>, the world's ending, h1b is worse than corona + isis combined! Welcome back to ground level folks.
"breaking the law" imho, that probably too strong a phrase. Sure - we can argue about what that proportion is - but i think h1b recruits are - like most things in life, normally distributed talent/salary wise. The bottom 2-3 sd should never have been issued visas. True that, but with that comes the better 1-2 sigma that starts businesses, does research in Univs and businesses.
Now IBM et al might not be doing what you like, but to accuse them of completely illegal behavior is a stretch & half. There are never any solutions, only trade-offs!
"Maybe they shouldn't have been in this profession at all and find a different line work."
Yeah, don't take up a profession if someone if using a government program improperly to replace you. Victim blaming isn't a good look for advocates of the H1B program.
1. Those jobs don't belong to "American workers". "American workers" : <wink> <wink> now, don't we all know what that means?
2. Said "american workers" have no guaranteed claims or rights to be employed in those jobs. The business no more owes you that job, than you owing them to work there. S/he is very welcome to find a different line of work, if they are inconvenienced. Just because you don't like something, doesn't make it illegal. Report fraud to the FBI/DOJ and Let the judicial system decide it.
3. To the extent the machinations you describe happen, they are no different from the VASTLY more prevalent resume padding, outright lies, outrageous salary asks and general brattish behavior by many "American workers". Should they be prosecuted too?
4. "American IT workers" are already among the highest paid professionals and have FULL + employment, and yet all they do is kvetch 24/7/365. These "victims" you describe, are trying to sell a bicycle - to put it mildly - for the price of a Rolls Royce, while the customer needs a Honda Civic ! And like every spoilt brat ever, throw a tantrum anytime they didn't get what they wanted.
5. If these american workers get off their entitlement high-horse, and stop wallowing in this sea of self-pity, they would be aware how mismatched their skills and compensation expectations are.
ps. i am a 3x entrepreneur, who used to believe in your ideas just as strongly, but my startup experience has changed my views on this subject.
We are talking about H1Bs and yes, those jobs belong to Americans first. Once again, the stated goal of the program is The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
You can make a Nation vs World argument on immigration and jobs, an argument on if a company from a nation owes the people of that nation some allegiance, but this is about H1B specifically and it is being abused. So, according to the legislation that enables the H1B program those jobs are American first.
So you can profit now from it.
America can't have the taxpayer keep bailing out these "American workers" incompetence, lethargy and overriding entitlement. IMO these "American workers" are trying to sell a bicycle without wheels, for the price of a Rolls, and playing the "buy american" card. Ha! Now why didn't we think of that before?
"the devil quoteth the scriptures" - shakespeare
The URL is literally `h1bvalley.com` how can you honestly state that you "never meant to state" this?
I get the intent and desire to celebrate successful immigrants in the States but this conflation isn't helping the cause.
Something named H1B Valley that lists names of company founders in the US makes it sound as if the H1B visa is what allowed them to come to the US, or even what allowed them to create their company. That's misleading if done by mistake, deceptive if intentional. They will surely have more traffic thanks to this, that doesn't change the fact that it feels deceptive and somewhat wrong to then learn that it is not in fact about H1B visa.
If you’re outside that world it’s less cut and dry. Employers use H1B to drive down wages. They have a hold over the employees and can sometimes mistreat them. And then there’s the historical practice of body shops outright abusing the visa in exact opposition to the intent.
I lay this at the feet of FAAMNG. Instead of sending the message that it was an unmitigated good, they could have acknowledged the negatives and used their position to lobby for reforms before we got here.
> If you leave your H1B visa sponsoring employer, you will need to find authorized employment with a new sponsoring company that is authorized on your I-129 Form. In theory, that company could be your company but it can be approved only under a narrow set of circumstances. An employer that hires an H1B visa worker must be in a position to have the “right to control” the employee (you). That is by definition not a company in which you control 50%+ of the shares. You can’t hold a job in which you are the person who determines whether you have a job! There needs to be a hire-fire relationship that exists. There are some ways to create a permissible hire-fire relationship within ‘your own’ company that may pass muster in order to secure H1B sponsorship. For instance, you could have a Board of Directors that has explicit hiring and firing control and can replace you and you could also have a co-founder that owns more than 50% of the company’s shares and can hire-fire you. It’s always best to hire an attorney for help establishing ownership in any company, especially if it could put your visa status in jeopardy.
>Hey! Never meant to state that all these founders came here on an H1B; just used that in the website name given what's been going on recently.
There was a bill to amend that so the country of birth based bias is removed. The bill was opposed in bipartisan way. Dick Durbuin, one of the most progressive senators and Ted Cruz one of the most right wing senator both were on the same page on this issue. This tells you the current state of affairs in our political climate on real immigration reform. Neither side really wants it and wants to keep the status quo.
How much would Evernote be contributing to the Azerbaijan economy if Stepan hadn’t left? Would London have more larger start ups?
Let’s not get hung up on the Valley signaling around the word “founder” as if it's some sort of deity status. It's just a different amount of shares and share class on the cap table. Steve Jobs was an Apple founder, but Gates stepped in to bring Apple back from the brink with a $150MM investment . Bill Gates doesn't have a "founder" title for Apple, but he was their savior. As always, there is nuance.
TLDR It is valid to use Elon Musk as an example of a successful immigrant and "the American dream", just not in the context of the H1B visa. Musk himself has said he couldn’t have been wildly successful anywhere else.
Minor typo: I think it should be "Cloudflare" and not "Cloudfare" (note the missing L).
Wouldn’t E-1 visas and investor visas be more relevant to the discussion of people starting companies? Is Trump banning new issuances of those?
The point of the article is that these people were H-1B holders when they moved to the US, and went to become extremely successful later on.
Company A takes a chunk of equity for holding the visa.