Except it is not simply that. I think this is far more important. In an age where competition for talent has become global, any country that wants to get ahead (or remain ahead) needs to do everything it can to both train and attract said talent. And since American universities are not turning up enough people with technology degrees, America has to turn to foreigners to fill in the gaps in the tech sector.
Does this depress wages and screw over some Americans? You bet. Welcome to globalism. Your citizenship no longer matters to the labor market. Soon, your physical location won't matter either. Hopefully you have some other means of setting yourself apart from the (now) global pool of candidates.
And the first generation(and next few) butchered the native habitants or sidelined them to the reserves. Is this the entire story?
There are two types of H1Bs -
* cap exempt: For non-profits, public/state universities , public university hospitals and national labs.
* cap subject: For profit making companies.
Moral: Don't take your first H1B job with a non-profit (Khan Academy??), national lab or public university.
You would think you may get some benefits by working for a research or non-profit organization, but sadly that's not the case.
Technically H1B visa is never transfered, but it's always a new application when you change employment. In 'normal' cases, people start with a cap-based H1B (with some profit making company) and then change employment to another profit making company. Their new H1B application isn't transfered, but it's not subject to any cap as that applicant has been already counted in the cap.
The rule says that, "an applicant will not be counted towards cap if he/she has been subject to cap in last 6 years". Most cases fall under this category and hence it's commonly perceived as 'H1B transfer (without going through cap again)'.
If one starts with a non-profit H1B, then he/she needs to go through a cap-subject process to join a profit making company. While it's not impossible, it's extremely difficult to find an employer who will apply for your H1B in April and wait until October 1'st (when new FY begins) for you to join the company. There is a way out here - you can start working before October if you do concurrent employment at both places, but again that's difficult to achieve (both employers should agree as well!).
* the wait time from April to October should be eliminated
* allow work as soon as visa is approved
Also, keep in mind that not all H1B holders will enter US. It can be a carrot stick to curb attrition as an H1B holder employee won't switch a company in the hope of being 'on-site' some day. Although it's expensive to use this tactic nowadays as H1B fees are high!!
Seems like there are many like me..!
"FY 2010 cap numbers lasted until December 21, 2009. The FY 2011 cap was reached on January 26, 2011, the FY 2012 cap was reached on November 23, 2011, the FY 2013 cap was reached on June 11, 2012, and the FY 2014 cap was reached on April 5, 2013."
Can anyone more familiar with the situation comment on whether this is how the process actually works? Do people who would be Infosys employees in the US continue to work for Infosys in India if their visa application gets rejected?
I can't speak directly to what infosys does but another large Indian company that has a lot of H-1Bs has them because they don't qualify for the L-1 since their employees aren't technically transfers and come to the U.S. to work as employees for the Indian company and as a contractor to the U.S. companies (essentially). This particular company does continue to employ their workers when they come back to India as they have work for other countries and internal projects the labor can be used for.
Then you have Cap-Gap. An F-1 student that has completed their OPT period and with a pending or approved H-1B petition may qualify to remain in F-1 status and get extended work authorization until Sept 30th (H-1B status and work authorization periods start on Oct 1). USCIS publishes the specifics for each fiscal year about Cap-Gap.
People didn't know what day it will run out, so we can assume than number of applications on 5th probably wasn't higher than on previous 4 days. We don't know on what time on day on 5th day it ran out. What's more majority of applications were made on 1st day (a lot of companies were expecting this situation, one which is getting me h1b included). I'd say expected probability of not getting a VISA is below 10% .
To counter the fact that USA government does "weekly" accounting of number of applications (that 65k-th application was made earlier this week, but only today government realized this) is this document from 2008 - www.uscis.gov/files/pressrelease/H1BFY08Cap040307.pdf , where USCIS released document the next day after cap was reached, the next day after they started accepting applications.
How can you equate a start-up founder with a QA guy working in TCS ?
1. Those who are employed in their respective country for an outsourcing company and are applying for H1B.
2. Separate category for US based companies hiring global talent.
3. Separate caps for small companies.
What is wrong with lottery system.
My wife worked with an Indian outsourcing giant. She worked on a project by an American client. When they wanted to send someone to US on B1 visa they put 10 of their employees in the pipeline. Idea was if anyone's visa gets rejected the next person will try for it. They also divided these 10 people in 4 buckets and each bucket applied with a separate embassy in India.
I suspect with H1B lottery such large companies will also try to make more applications. Bad for everyone.
The first 20,000 applicants with an advanced degree from a US institution have priority.
A backup plan I've been thinking about would be to move to the Canadian west coast if I don't get a visa (EU citizens, your country may or may not have visa agreements with Canada that allow you to work there- France has nice things in that regard) to be not too far from my team.
We might go down that path anyways if H1B fails; we'll see what happens.
It says through april 5th. So, All applications will face lottery even if you submitted yours on april 1st.
H1B visa is for specially skilled people who are in short supply in US. Most of the people including me in reality have no "special" skill that is in short supply in US.
We come here to US and paid enough just to survive + Indian salary.
PS: No affiliation with TCS or Stanford other than having met smart people from both places.