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Administrator2
11-10-2015, 06:29 PM
Senator Grassley and Durbin introduced H1B and L1 Visa reform today (11/10/2015).

Here is the link to the Press Release:
Grassley, Durbin Push for H-1B and L-1 Visa Reforms | Chuck Grassley (http://www.grassley.senate.gov/news/news-releases/grassley-durbin-push-h-1b-and-l-1-visa-reforms)

Here is the text of this bill:
http://immigrationvoice.org/media/Grassley-Durbin-2015.pdf

We will provide bill summary as soon as it is available.

DMX17
11-10-2015, 06:48 PM
For those of who were not around in HR3012 effort, can someone tell us if this is the same as what the Senator wanted to attach to HR3012? Any other pros/cons to HR213?

Administrator2
11-10-2015, 06:56 PM
For those of who were not around in HR3012 effort, can someone tell us if this is the same as what the Senator wanted to attach to HR3012? Any other pros/cons to HR213?

No, this is not the same. Grassley amendment to HR3012 was probably 1% of this bill

testman
11-10-2015, 09:06 PM
No, this is not the same. Grassley amendment to HR3012 was probably 1% of this bill


What is your opinion of this bill? Is there any chance of this getting passed?

Jambo
11-11-2015, 01:22 PM
What is your opinion of this bill? Is there any chance of this getting passed?

I've read through this bill and at a brief glance, can glean the following points:
1) Wage floors to be established for L-1s
2) More enforcements on what is truly an L-1 specialty worker
3) Ensure that H1B workers are at least paid the median of a Level 4 of the occupational category (there's also something about Level 3, and so I'm confused)
4) No more than 50% of a company's employee population can be H1Bs, as long as they have more than 50 employees

I'm in favor of these regulations - all these cheap H1B bodyshops will come to an end and only the truly skilled immigrants will come here, thereby helping reduce green card backlogs.

rbusgc
11-11-2015, 02:06 PM
Looks like this will end H1/L1 programs as we know it!... Points 11,12,2 etc will practically end this program... :confused:

Senator Chuck Grassley, the Chairman of the Senate Judiciary Committee, and Senator Dick Durbin, the Assistant Democratic Leader are introducing a bill that would reform the H-1B visa program, similar to a legislation previously introduced in 2007. The bill would:

1. require H-1B employers to offer wages at a minimum of level 2

2. require an employer to post a position on a newly created internet website for at least 30 days before filing a petition

3. require an employer to confirm that it will not displace a US worker with an H-1B worker

4. require an employer to confirm that it has not advertised that the position is only available to H-1B workers or that H-1B workers will be given preference in the hiring process

5. specify that an employer with more than 50 employees cannot have more than 50% of its workers on H-1B or L-1 visas (and an employer cannot restructure its organization to avoid this limitation)

6. require an employer to submit previous H-1B workers’ W-2 forms

7. strengthen LCA enforcement provisions

8. give preference in the H-1B cap to the following types of petitions in the following order:

H-1B petitions filed on behalf of individuals who have earned a US masters or higher degree in STEM from an accredited institution
H-1B petitions offering level 4 wages
H-1B petitions filed on behalf of individuals who have earned a US masters or higher degree in a non-STEM field from an accredited institution
H-1B petitions offering level 4 wages
H-1B petitions filed on behalf of F-1 students with US bachelors degrees in STEM
H-1B petitions filed on behalf of F-1 students with US bachelors degrees in a non-STEM field
H-1B petitions for Schedule A occupations
H-1B petitions filed by employers who are “good corporate citizens” and in compliance with the immigration laws
9. no longer allow experience to count towards meeting a bachelor’s degree

10. require a fee for filing an LCA

11. limit the period of stay to 3 years instead of 6 (unless the H-1B worker has an approved I-140 petition)

12. not allow an H-1B worker to be outsourced to another company unless a waiver has been granted

13. require an employer to share immigration documents with the employee within 21 business days of written request

Stay tuned for more information on this bill!

vikastaneja
11-11-2015, 03:25 PM
Looks like this will end H1/L1 programs as we know it!... Points 11,12,2 etc will practically end this program... :confused:

Senator Chuck Grassley, the Chairman of the Senate Judiciary Committee, and Senator Dick Durbin, the Assistant Democratic Leader are introducing a bill that would reform the H-1B visa program, similar to a legislation previously introduced in 2007. The bill would:

1. require H-1B employers to offer wages at a minimum of level 2

2. require an employer to post a position on a newly created internet website for at least 30 days before filing a petition

3. require an employer to confirm that it will not displace a US worker with an H-1B worker

4. require an employer to confirm that it has not advertised that the position is only available to H-1B workers or that H-1B workers will be given preference in the hiring process

5. specify that an employer with more than 50 employees cannot have more than 50% of its workers on H-1B or L-1 visas (and an employer cannot restructure its organization to avoid this limitation)

6. require an employer to submit previous H-1B workers’ W-2 forms

7. strengthen LCA enforcement provisions

8. give preference in the H-1B cap to the following types of petitions in the following order:

H-1B petitions filed on behalf of individuals who have earned a US masters or higher degree in STEM from an accredited institution
H-1B petitions offering level 4 wages
H-1B petitions filed on behalf of individuals who have earned a US masters or higher degree in a non-STEM field from an accredited institution
H-1B petitions offering level 4 wages
H-1B petitions filed on behalf of F-1 students with US bachelors degrees in STEM
H-1B petitions filed on behalf of F-1 students with US bachelors degrees in a non-STEM field
H-1B petitions for Schedule A occupations
H-1B petitions filed by employers who are “good corporate citizens” and in compliance with the immigration laws
9. no longer allow experience to count towards meeting a bachelor’s degree

10. require a fee for filing an LCA

11. limit the period of stay to 3 years instead of 6 (unless the H-1B worker has an approved I-140 petition)

12. not allow an H-1B worker to be outsourced to another company unless a waiver has been granted

13. require an employer to share immigration documents with the employee within 21 business days of written request

Stay tuned for more information on this bill!

It seems no-one in this country wants immigrants... :confused:

eastindia
11-11-2015, 03:33 PM
Lawyers and consulting companies will obviously oppose it. But it is actually a very good bill for immigrants. WE must support it.

It will put some brakes on exploitation, displacement of US workers and low wages to foreign employees.

We need to support it.

eastindia
11-11-2015, 03:35 PM
It seems no-one in this country wants immigrants... :confused:

You are being brainwashed by what lawyers write. This bill is good for immigrants. Don't you want an end to exploitation, low wages etc?

spulugur
11-11-2015, 04:05 PM
Looks like this will end H1/L1 programs as we know it!... Points 11,12,2 etc will practically end this program... :confused:

Senator Chuck Grassley, the Chairman of the Senate Judiciary Committee, and Senator Dick Durbin, the Assistant Democratic Leader are introducing a bill that would reform the H-1B visa program, similar to a legislation previously introduced in 2007. The bill would:

1. require H-1B employers to offer wages at a minimum of level 2

2. require an employer to post a position on a newly created internet website for at least 30 days before filing a petition

3. require an employer to confirm that it will not displace a US worker with an H-1B worker

4. require an employer to confirm that it has not advertised that the position is only available to H-1B workers or that H-1B workers will be given preference in the hiring process

5. specify that an employer with more than 50 employees cannot have more than 50% of its workers on H-1B or L-1 visas (and an employer cannot restructure its organization to avoid this limitation)

6. require an employer to submit previous H-1B workers’ W-2 forms

7. strengthen LCA enforcement provisions

8. give preference in the H-1B cap to the following types of petitions in the following order:

H-1B petitions filed on behalf of individuals who have earned a US masters or higher degree in STEM from an accredited institution
H-1B petitions offering level 4 wages
H-1B petitions filed on behalf of individuals who have earned a US masters or higher degree in a non-STEM field from an accredited institution
H-1B petitions offering level 4 wages
H-1B petitions filed on behalf of F-1 students with US bachelors degrees in STEM
H-1B petitions filed on behalf of F-1 students with US bachelors degrees in a non-STEM field
H-1B petitions for Schedule A occupations
H-1B petitions filed by employers who are “good corporate citizens” and in compliance with the immigration laws
9. no longer allow experience to count towards meeting a bachelor’s degree

10. require a fee for filing an LCA

11. limit the period of stay to 3 years instead of 6 (unless the H-1B worker has an approved I-140 petition)

12. not allow an H-1B worker to be outsourced to another company unless a waiver has been granted

13. require an employer to share immigration documents with the employee within 21 business days of written request

Stay tuned for more information on this bill!

11 - is actually good. It forces companies to file for labor in year-1 instead of waiting till year-5. No employer or employee will take the chances. My first employer strung me along for 4 years before I quit. Every conversation I had at the time was - 'oh we would have filed already if not for <insert flimsy reason>'.

A younger version of me may not have liked it - but that would most likely have been my insecurity and not understanding H1b sponsoring employers' modus operand.

12 - is actually h1b employee protection. E.g. if you joined Google, you dont want to be moved to Deloite via re-badging. There is a wave of re-badging happening or going to happen soon.

13 - obviously good.

DMX17
11-11-2015, 04:33 PM
11 - is actually good. It forces companies to file for labor in year-1 instead of waiting till year-5. No employer or employee will take the chances. My first employer strung me along for 4 years before I quit. Every conversation I had at the time was - 'oh we would have filed already if not for <insert flimsy reason>'.

A younger version of me may not have liked it - but that would most likely have been my insecurity and not understanding H1b sponsoring employers' modus operand.

12 - is actually h1b employee protection. E.g. if you joined Google, you dont want to be moved to Deloite via re-badging. There is a wave of re-badging happening or going to happen soon.

13 - obviously good.

I know this is too early to discuss but just playing devil's advocate on item 11:

Since the H-1B cannot be extended beyond 3 years unless I-140 has been filed/approved before that, that would force employers to start GCs sooner. But, would that not make difficult to approve PERM? For instance, from the point of view of a BS graduate, a job posting that requires BS plus 0-2 years of experience is not special and lot of U.S. workers are likely available.

I guess one could make the case that PERM process should be relaxed since H-1B process is being made stringent.

rbusgc
11-11-2015, 04:36 PM
11 - is actually good. It forces companies to file for labor in year-1 instead of waiting till year-5. No employer or employee will take the chances. My first employer strung me along for 4 years before I quit. Every conversation I had at the time was - 'oh we would have filed already if not for <insert flimsy reason>'.

A younger version of me may not have liked it - but that would most likely have been my insecurity and not understanding H1b sponsoring employers' modus operand.

12 - is actually h1b employee protection. E.g. if you joined Google, you dont want to be moved to Deloite via re-badging. There is a wave of re-badging happening or going to happen soon.

13 - obviously good.

#12 means: No more consulting opportunities on H1B.... 90% of H1B resources are on consulting
#2 means: Your hiring is delayed by 1 month .. NO full time opportunity employer would wait 2-3 months (including Recruitment , H1B-LCA, H1B Petiton Filing etc) to hire a resource... employers get 2 weeks notice from resources leaving the position and need to fill it within 3-4 weeks.

These two options will end H1B visa as we know it. :(

whiteStallion
11-11-2015, 04:56 PM
I wish it had some Green Card reform included as well. Overall looks good which will prevent exploitation of H1Bs by the big Indian companies but I think the chance of this passing is very low.

spulugur
11-11-2015, 05:06 PM
I know this is too early to discuss but just playing devil's advocate on item 11:

Since the H-1B cannot be extended beyond 3 years unless I-140 has been filed/approved before that, that would force employers to start GCs sooner. But, would that not make difficult to approve PERM? For instance, from the point of view of a BS graduate, a job posting that requires BS plus 0-2 years of experience is not special and lot of U.S. workers are likely available.

I guess one could make the case that PERM process should be relaxed since H-1B process is being made stringent.

Good point. Did not think of that.

I dont know why PERM LCA has to be more difficult than H1b LCA - and I think that was gaming the system as well.

DMX17
11-11-2015, 05:11 PM
Good point. Did not think of that.

I dont know why PERM LCA has to be more difficult than H1b LCA - and I think that was gaming the system as well.

Yep. When it comes to H-1B filing, it is very easy to prove an entry level foreign worker is needed on LCA. But at the same time, it is very difficult to prove the same worker should get a place in GC line with that same level qualification. How did they do that?:confused:

magnetic
11-12-2015, 02:04 AM
I have been mulling over this and have had opinion similar to yours, though I often wondered I am being elitist or not empathetic enough with others who are not in a job/organization similar to mine (a US Tech behemoths which was started in 90s). However considering all things, the bill strikes the right kind of balance for most people - it is beneficial for immigrants in tier 1 companies, Americans, but immigrants not so well placed in the outsourcing IT service companies and the shady companies which do immigration fraud will be affected in a bad way.

I can understand the pain of the last group of people, however I think this was something which was eventually going to happen. The practices of outsourcing companies and their US based contractors (e.g. Disney with the negative publicity it got some time ago) are based on scalping the costs as far as they can, and they will never do justice to their employees, whether it be Americans or immigrants replacing the Americans. It is probably beset for the laws to be sanitized, so that all groups of people get the transparency and clarity they need. I hope the reformed laws will also allow outsourcing atmosphere to realign in the right mode for the future so that people coming here have better quality of life and work.

I hope these regulations will affect all countries in the same way, it will be very discriminatory otherwise. I do have to wonder if this is all just posturing for the elections next year, hope something will come out of this. It seems this law will not affect Green Card, which is the biggest pain point for me personally.

I've read through this bill and at a brief glance, can glean the following points:
1) Wage floors to be established for L-1s
2) More enforcements on what is truly an L-1 specialty worker
3) Ensure that H1B workers are at least paid the median of a Level 4 of the occupational category (there's also something about Level 3, and so I'm confused)
4) No more than 50% of a company's employee population can be H1Bs, as long as they have more than 50 employees

I'm in favor of these regulations - all these cheap H1B bodyshops will come to an end and only the truly skilled immigrants will come here, thereby helping reduce green card backlogs.

M1614
11-12-2015, 02:33 AM
I've read through this bill and at a brief glance, can glean the following points:
1) Wage floors to be established for L-1s
2) More enforcements on what is truly an L-1 specialty worker
3) Ensure that H1B workers are at least paid the median of a Level 4 of the occupational category (there's also something about Level 3, and so I'm confused)
4) No more than 50% of a company's employee population can be H1Bs, as long as they have more than 50 employees

I'm in favor of these regulations - all these cheap H1B bodyshops will come to an end and only the truly skilled immigrants will come here, thereby helping reduce green card backlogs.

One major flaw in the bill is that there are a lot of foreign workers who come through after they are sponsored by small time body shops. Their papers are processed using fake project letters. This is similar to a cartel that brings in illegal Mexicans. Workers pay around $6000 to cartel companies who sponsor the VISA on their name. Once the VISA is approved, these cartels also keep a cut of the billing that the foreign worker may get. Since this bill only goes after companies above 50 employees, these cartels and workers will get away and probably increase their operations

foia
11-12-2015, 08:44 AM
Senator Grassley and Durbin introduced H1B and L1 Visa reform today (11/10/2015).

Here is the link to the Press Release:
Grassley, Durbin Push for H-1B and L-1 Visa Reforms | Chuck Grassley (http://www.grassley.senate.gov/news/news-releases/grassley-durbin-push-h-1b-and-l-1-visa-reforms)

Here is the text of this bill:
http://immigrationvoice.org/media/Grassley-Durbin-2015.pdf

We will provide bill summary as soon as it is available.

Time to move from consulting to Full-time asap.

where_is_freedom
11-12-2015, 11:35 AM
This is not much different from the bill Grassley and Durbin introduced in 2009 which was called H1B and L1 Visa Reform Act. See the details of the old bill and discussion on IV at that time here (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/25894-analysis-of-durbin-grassley-bill-and-ivs-position.html)

This will go nowhere just like last time. Senator's like Hatch will never agree to this and it is going nowhere. And again, just like last time with HR 3012, Senator Grassley will try to piggy back HR 213 by adding some his provisions.

AceMan
11-12-2015, 12:55 PM
This is not much different from the bill Grassley and Durbin introduced in 2009 which was called H1B and L1 Visa Reform Act. See the details of the old bill and discussion on IV at that time here (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/25894-analysis-of-durbin-grassley-bill-and-ivs-position.html)

This will go nowhere just like last time. Senator's like Hatch will never agree to this and it is going nowhere. And again, just like last time with HR 3012, Senator Grassley will try to piggy back HR 213 by adding some his provisions.

This Bill is a re-telecast after 6 years. Same smoke screen. This might even kill 213

vikastaneja
11-12-2015, 01:02 PM
This Bill is a re-telecast after 6 years. Same smoke screen. This might even kill 213

How can it kill HR 213?

racoon786
11-12-2015, 01:51 PM
This bill seem to address mostly fresh H1-B filings in yearly cap rather than extensions. Lot of the items do not apply for current H1-B holders when they apply for extensions except maybe the 30 day LCA time that need to register the job at a website.

Toadie
11-12-2015, 01:52 PM
Lawyers and consulting companies will obviously oppose it. But it is actually a very good bill for immigrants. WE must support it.

It will put some brakes on exploitation, displacement of US workers and low wages to foreign employees.

We need to support it.

It would definitely pressurize big consulting firms who have a lot of H1Bs, forcing to raise wage. But that is something, they won't like. I don't see this bill going anywhere given the lobby these consulting firms have.

racoon786
11-12-2015, 02:53 PM
It would definitely pressurize big consulting firms who have a lot of H1Bs, forcing to raise wage. But that is something, they won't like. I don't see this bill going anywhere given the lobby these consulting firms have.

No to mention the unlimited amount of money that can be raised by corporate PAC's for re-elections of lawmakers.

Viskon
11-17-2015, 12:17 PM
Tech visas in line with American values | TheHill (http://thehill.com/blogs/congress-blog/technology/260373-tech-visas-in-line-with-american-values)

hil3182
11-17-2015, 01:15 PM
Tech visas in line with American values | TheHill (http://thehill.com/blogs/congress-blog/technology/260373-tech-visas-in-line-with-american-values)

It is a Union article and should be seen in that light.

Unions are anti H1-B. They don't want to be seen as anti-immigrant, so they say they are pro-green cards, knowing fully well that getting more Green Cards outside of CIR is almost impossible (both D's and R's will oppose).

So they put out these pie in the sky ideas, with no specifics. It reminds us of AILA tactics - they too make soothing sounds about big changes that will never happen, but something that could happen like I-140 EAD is verboten.

Don't take this article seriously - no else is.

hil3182
11-17-2015, 01:28 PM
Lobbying is a fascinating - almost addictive experience. It is also very empowering.

You get to see everyone's true face.

We have always bemoaned a lack of participation in our D.C. lobby days. Honestly, I feel as if people that don't show up are the ones who are missing out.

On the forums, you see maybe 0.5% of whats actually going on.

sengs
11-17-2015, 01:30 PM
:)

Lobbying is a fascinating - almost addictive experience. It is also very empowering.

You get to see everyone's true face.

We have always bemoaned a lack of participation in our D.C. lobby days. Honestly, I feel as if people that don't show up are the ones who are missing out.

On the forums, you see maybe 0.5% of whats actually going on.

d.kiran
11-17-2015, 01:35 PM
Any upcoming lobby days?

hil3182
11-17-2015, 01:55 PM
Any upcoming lobby days?

No, but things can very quickly. Please make sure you are subscribed to our newsletter (http://goo.gl/Smyab) so you don't miss the next one.

gccommando
11-17-2015, 02:05 PM
Lobbying is a fascinating - almost addictive experience. It is also very empowering.

You get to see everyone's true face.

We have always bemoaned a lack of participation in our D.C. lobby days. Honestly, I feel as if people that don't show up are the ones who are missing out.

On the forums, you see maybe 0.5% of whats actually going on.

This bill will pass and should pass,,,really disgusted by how indian IT firms are operating

Bhishma
11-17-2015, 05:22 PM
really disgusted by how indian IT firms are operating

You should be disgusted by the inaction of your peers who do nothing, despite being stuck in the backlogs for tens of years. Vent your frustration at those who complain about the broken system but put no efforts to fix it

DMX17
11-17-2015, 07:35 PM
You should be disgusted by the inaction of your peers who do nothing, despite being stuck in the backlogs for tens of years. Vent your frustration at those who complain about the broken system but put no efforts to fix it

How about scaring our peers with the Durbin-Grassley bill? I should tell them I will personally start seeking co sponsorship for the Durbin-Grassley bill unless they join HR213 team? . Screw them!:D

hil3182
11-17-2015, 09:16 PM
how about scaring our peers with the durbin-grassley bill? I should tell them i will personally start seeking co sponsorship for the durbin-grassley bill unless they join hr213 team? . Screw them!:d
:d

DMX17
11-18-2015, 11:41 AM
Talking about scaring people with D-G bill.....

H-1B, L-1 Visa Overhaul Bill Stokes Business Concerns - Law360 (http://www.law360.com/immigration/articles/727429)

And they spoke finally!:D

greyhair
11-18-2015, 12:19 PM
About this bill a lawyer said on twitter that

Cyrus Mehta
Those in favor of skilled immigrant GCs, but anti H1B, any push for restrictions against some come back to hurt all - need more GCs + H1Bs


He also said that

Cyrus Mehta Retweeted Gov. Bobby Jindal
As an Indian American I am ashamed of you; regret attending India Abroad function where they once gave you an award

Administrator2
11-18-2015, 01:07 PM
About this bill a lawyer said on twitter that

Cyrus Mehta
Those in favor of skilled immigrant GCs, but anti H1B, any push for restrictions against some come back to hurt all - need more GCs + H1Bs


He also said that

Cyrus Mehta Retweeted Gov. Bobby Jindal
As an Indian American I am ashamed of you; regret attending India Abroad function where they once gave you an award

First of all, we have never understood this obsession with what immigration lawyers say. None of these lawyers have any say in the policy making process. We believe that these lawyers just speak for themselves on how to increase their own revenue. As we have said before, we believe that immigration lawyers are pro-immigration - meaning they want more people to come into US so that can get more business. But at the same time, we believe that most of these immigration lawyers are anti-immigrants, because they NEVER EVER talk about the exploitation and abuses of immigrants on H1 and L1 visas.

We don't even know what this person is trying to say in these tweets, whosoever he is or claims to be. If he is referring to us, then he is just throwing out bunch of baloney and misrepresenting IV. IV is not against H1B. IV is not in favor of increasing or decreasing H1B visas. We have always advocated for rights of people on H1B visas, including right to access to their own immigration paper work, right to be able to change employer with as much ease, and the right to live free, without being shackled or bonded to the employer. Perhaps immigration lawyers think that is wrong thing to ask because their business thrives on the fact that immigrants on H1/L1 have fewer rights.

If this guy is referring to us, then tell him that those people who asked for more rights for African American slaves prior to 1865, those people were not anti-African Americans. Those people were pro-African Americans. Likewise, IV is asking for rights of people on H1. IV is not anti-H1B, instead, if anything, IV is pro-H1B. And these immigration lawyers are anti-H1B because they refuse to speak up for the rights of humans/people on H1B visa who are being exploited and abused by their employers.

I presume this person is an immigration lawyer with Indian American background. Since most of the people being exploited on H1B visa are immigrants from Indian decent, let me make him eat his own words -

As an Indian American I am ashamed of this person because he seem to want more H1Bs, when everyone knows that there is widespread exploitation and abuse of Indian immigrants on H1B and L1 visas. This person doesn't speak up against exploitation of immigrants on H1B visa from India. Instead, he chooses to get more people from India on H1B and wants to increase H1B visas without asking for the rights of these people. We believe such people are hypocrites.

We believe that this person applies different standard of morals. We think if there is anyone who is anti-H1B, then that's people like him.

vikidisi
11-18-2015, 03:45 PM
Lobbying is a fascinating - almost addictive experience. It is also very empowering.

You get to see everyone's true face.

We have always bemoaned a lack of participation in our D.C. lobby days. Honestly, I feel as if people that don't show up are the ones who are missing out.

On the forums, you see maybe 0.5% of whats actually going on.


Nicely said. And you are right. One trip to DC is all it took. Was a life changing experience.

hil3182
11-23-2015, 08:11 PM
Article about Durbin Grassley with a few blurbs about IV: Immigration Bill Could Challenge Tech’s Ongoing Fight For Skilled Worker Visas | TechCrunch (http://techcrunch.com/2015/11/23/immigration-bill-could-challenge-techs-ongoing-fight-for-skilled-worker-visas/)

DMX17
12-09-2015, 09:27 AM
FYI...Another H-1B bill and that too only two pages?


http://www.billnelson.senate.gov/sites/default/files/Nelson_Sessions_H-1B_Reform_Bill.pdf

Jambo
12-09-2015, 01:40 PM
FYI...Another H-1B bill and that too only two pages?


http://www.billnelson.senate.gov/sites/default/files/Nelson_Sessions_H-1B_Reform_Bill.pdf

This is an even better bill! Prioritizing the highest salaries first cuts out the cheap Indian outsourcing firms as well as the low cost commodity developers.

buffbloke
12-09-2015, 03:05 PM
What a bunch of BS. This guarantees that many non-IT and almost all non technical professions will never get a visa. This must be a election year grandstanding bill with no future.

eastindia
12-09-2015, 03:53 PM
We must post why the bill is good and why it is bad explaining it on detail ? People should hear both sides.

javelin768
12-10-2015, 12:51 PM
It's not long that I have been in US just about 2 years now. I have been following IV for a while now since I came to know about it from my friend.
I appreciate and support the work IV does by donating.
I would really like to make a point here, seems like we are getting up in the wrong discussion.
Some people here are making the suggestion since I am here and my rights are not being ensured, please don't let people come here anymore.
This "Shut the down behind me" is not have IV as I have known as a third party is not all about. Maybe its not IV's stand at all but people in the forum are making it seem so. This is a land of immigrants and everyone with the opportunity and will should be given a chance.

Thank you for what IV does. And before some starts yelling at me for getting involved in advocacy, NO I haven't been involved in any.

eastindia
12-10-2015, 01:07 PM
It's not long that I have been in US just about 2 years now. I have been following IV for a while now since I came to know about it from my friend.
I appreciate and support the work IV does by donating.
I would really like to make a point here, seems like we are getting up in the wrong discussion.
Some people here are making the suggestion since I am here and my rights are not being ensured, please don't let people come here anymore.
This "Shut the down behind me" is not have IV as I have known as a third party is not all about. Maybe its not IV's stand at all but people in the forum are making it seem so. This is a land of immigrants and everyone with the opportunity and will should be given a chance.

Thank you for what IV does. And before some starts yelling at me for getting involved in advocacy, NO I haven't been involved in any.
You got wrong information. It is an open forum and everyone can air views on both sides of discussion. That does not mean IV is of view of that. IV view is at ImmigrationVoice.org - About Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47)

javelin768
12-10-2015, 02:18 PM
You got wrong information. It is an open forum and everyone can air views on both sides of discussion. That does not mean IV is of view of that. IV view is at ImmigrationVoice.org - About Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47)

Thank You and that is what I was hoping for! :)

sourab
12-11-2015, 11:32 AM
Cruz, Sessions Introduce the American Jobs First Act of 2015 | Ted Cruz | U.S. Senator for Texas (http://www.cruz.senate.gov/?p=press_release&id=2553)

Don't know if its good or bad but have certain restrictions.

Jambo
12-13-2015, 03:49 PM
Cruz, Sessions Introduce the American Jobs First Act of 2015 | Ted Cruz | U.S. Senator for Texas (http://www.cruz.senate.gov/?p=press_release&id=2553)

Don't know if its good or bad but have certain restrictions.

To summarize this bill:
1. It sets a minimum wage of $110,000
2. It eliminates OPT because this program is being used as a source of cheap labor
3. It bars for a period of two years any company that has had layoffs of American workers from applying for the H1B program.

I am generally in favor of this bill except for 3. Setting a minimum wage of $110,000 ensures that the cheap Indian outsourcing companies are driven out of business in the United States and that only high-quality and well-paid immigrants are hired. I agree with the Elimination of OPT as well because there are so many masters students in computer science who settle for low-quality QA positions.

I would highly hope that they remove stipulation 3 because companies always have to reassess their positions and lay off people because of skill set differences.

I also think that they should keep OPT for PhD level students in STEM.

They should also consider combining elements of this bill with Senator Sessions and Nelsons other bill which proposes handing out H1B visas by highest salary first. If a foreign national is truly that valuable, then they will be able to command that kind of salary.

javelin768
12-13-2015, 05:18 PM
To summarize this bill:
1. It sets a minimum wage of $110,000
2. It eliminates OPT because this program is being used as a source of cheap labor
3. It bars for a period of two years any company that has had layoffs of American workers from applying for the H1B program.

I am generally in favor of this bill except for 3. Setting a minimum wage of $110,000 ensures that the cheap Indian outsourcing companies are driven out of business in the United States and that only high-quality and well-paid immigrants are hired. I agree with the Elimination of OPT as well because there are so many masters students in computer science who settle for low-quality QA positions.

I would highly hope that they remove stipulation 3 because companies always have to reassess their positions and lay off people because of skill set differences.

I also think that they should keep OPT for PhD level students in STEM.

They should also consider combining elements of this bill with Senator Sessions and Nelsons other bill which proposes handing out H1B visas by highest salary first. If a foreign national is truly that valuable, then they will be able to command that kind of salary.

Here are my thoughts -

1. Any idea how many jobs actually pay more than 110K?? How many americans actually get paid that much? Just over 10% of Americans even get paid over that amount. While I agree that the LCA salary determination is something which needs to be a little more stringent, this is outrageous and just a way to make sure H1B's are denied as much as possible.

2. So by this argument, even though someone who has come to study here and performed better than an american student in his class, he is still not going to be able to get hired since of course it hurts the american born guy. The fact a lot of foreign students actually to outshine american born students and companies genuinely might want to give them some training on OPT and hire then on H1B.

3. This in my view is not enforceable. By this logic an incompetent american worker cannot be fired just because the company wants to hire someone else for a completely different position on H1B.

Again "Now that I am here...Please shut the door behind me!" logic is not only bad, its just plain inconsiderate.

javelin768
12-13-2015, 05:26 PM
Here are my thoughts -

1. Any idea how many jobs actually pay more than 110K?? How many americans actually get paid that much? Just over 10% of Americans even get paid over that amount. While I agree that the LCA salary determination is something which needs to be a little more stringent, this is outrageous and just a way to make sure H1B's are denied as much as possible.

2. So by this argument, even though someone who has come to study here and performed better than an american student in his class, he is still not going to be able to get hired since of course it hurts the american born guy. The fact a lot of foreign students actually to outshine american born students and companies genuinely might want to give them some training on OPT and hire then on H1B.

3. This in my view is not enforceable. By this logic an incompetent american worker cannot be fired just because the company wants to hire someone else for a completely different position on H1B.

Again "Now that I am here...Please shut the door behind me!" logic is not only bad, its just plain inconsiderate.

Oh and another FUN FACT....the 110K figure I quoted of 10% , was for household income. For individuals that number is actually 5%! Sounds awesome ehh...!

eastindia
12-13-2015, 07:00 PM
Here are my thoughts -

1. Any idea how many jobs actually pay more than 110K?? How many americans actually get paid that much? Just over 10% of Americans even get paid over that amount. While I agree that the LCA salary determination is something which needs to be a little more stringent, this is outrageous and just a way to make sure H1B's are denied as much as possible.

2. So by this argument, even though someone who has come to study here and performed better than an american student in his class, he is still not going to be able to get hired since of course it hurts the american born guy. The fact a lot of foreign students actually to outshine american born students and companies genuinely might want to give them some training on OPT and hire then on H1B.

3. This in my view is not enforceable. By this logic an incompetent american worker cannot be fired just because the company wants to hire someone else for a completely different position on H1B.

Again "Now that I am here...Please shut the door behind me!" logic is not only bad, its just plain inconsiderate.

If a person is best and the brightest 110K is the least he should be paid. So it is a very good bill.

OPT is a backdoor for exploitation. We all know that. It is time this loophole is plugged.

The third point is good because it is a common practice to fire American workers and hire cheep foreign workers. This is a loophole that has caused a bad name to H1B program. I am very happy someone has taken notice and put in the bill.

It is high time we start saying the truth about companies and how the foreign workers are exploited due to loopholes.

Jambo
12-13-2015, 09:32 PM
Here are my thoughts -

1. Any idea how many jobs actually pay more than 110K?? How many americans actually get paid that much? Just over 10% of Americans even get paid over that amount. While I agree that the LCA salary determination is something which needs to be a little more stringent, this is outrageous and just a way to make sure H1B's are denied as much as possible.

2. So by this argument, even though someone who has come to study here and performed better than an american student in his class, he is still not going to be able to get hired since of course it hurts the american born guy. The fact a lot of foreign students actually to outshine american born students and companies genuinely might want to give them some training on OPT and hire then on H1B.

3. This in my view is not enforceable. By this logic an incompetent american worker cannot be fired just because the company wants to hire someone else for a completely different position on H1B.

Again "Now that I am here...Please shut the door behind me!" logic is not only bad, its just plain inconsiderate.

It is not the job of the USA to take care of foreign nationals. If a foreign student has performed better than an American student, then let the salary determine that.

$110K is the starting base salary offered by top tech companies in the Bay Area. Bonuses and stock push that number higher. If anyone makes less than that amount, then they are not complementing the American workforce but rather performing at a level that is just about average to what an American grad performs at.

Foreign students may indeed regularly outperform their American counterparts - and that's because there are so many more foreign Masters and PhD STEM students from abroad. Who's to say that the reason these students are admitted over their American counterparts is because of the high tuition charged which results in higher revenues to universities.

Companies don't care about giving you "training". You are thrown to the wolves and have to learn on the job. That's the real world. I agree with eastindia that it's high time we end this system that screws over both foreign immigrants as well as Americans.

thankstooptx
12-14-2015, 08:38 AM
It is not the job of the USA to take care of foreign nationals. If a foreign student has performed better than an American student, then let the salary determine that.

$110K is the starting base salary offered by top tech companies in the Bay Area. Bonuses and stock push that number higher. If anyone makes less than that amount, then they are not complementing the American workforce but rather performing at a level that is just about average to what an American grad performs at.

Foreign students may indeed regularly outperform their American counterparts - and that's because there are so many more foreign Masters and PhD STEM students from abroad. Who's to say that the reason these students are admitted over their American counterparts is because of the high tuition charged which results in higher revenues to universities.

Companies don't care about giving you "training". You are thrown to the wolves and have to learn on the job. That's the real world. I agree with eastindia that it's high time we end this system that screws over both foreign immigrants as well as Americans.

First off 110K in Bay Area is equivalent to 80K in a state like Michigan/Texas. That is the reason having a flat rate is a bad idea. Instead they need to improve the current method of determining the prevailing wage.

Doing away with OPT is not good either. Giving one year should be sufficient and if you want an extension an employer should be able to prove that they applied for an H1 and it did not get picked in the lottery and should pay the prevailing wage for extending OPT. Two year STEM extension is a very bad idea. I agree with you most companies don't provide any training.

Such outrageous bills will never go through.

javelin768
12-14-2015, 10:03 AM
It is not the job of the USA to take care of foreign nationals. If a foreign student has performed better than an American student, then let the salary determine that.

$110K is the starting base salary offered by top tech companies in the Bay Area. Bonuses and stock push that number higher. If anyone makes less than that amount, then they are not complementing the American workforce but rather performing at a level that is just about average to what an American grad performs at.

Foreign students may indeed regularly outperform their American counterparts - and that's because there are so many more foreign Masters and PhD STEM students from abroad. Who's to say that the reason these students are admitted over their American counterparts is because of the high tuition charged which results in higher revenues to universities.

Companies don't care about giving you "training". You are thrown to the wolves and have to learn on the job. That's the real world. I agree with eastindia that it's high time we end this system that screws over both foreign immigrants as well as Americans.

First off, not everyone lives in Bay area. There is a huge population of people living in other states and cities where 110K would be really high salary.
Yes companies care about training, but the fact is, OPT is like cycle of web for people graduating here. The so called legitimate "TOP TECH" companies, that you are referring to, almost every one of them has a training process when they take people in without experience directly from campus.

Honestly how many people came into the US on a H1B which paid 110K salary??? It does not take a wise man to guess that the number will be really low. I could only earn that figure now after 2+ years to staying in the US and changing my job(and I don't live in BAY Area either).

Anyways, it does not benefit in me anyway if this does not go through but yes for the people who legally want to have a shot at working here, I hope Congress has more sense than our first generation indian immigrants, who seem to be intent on pulling each other down.

javelin768
12-14-2015, 10:07 AM
First off 110K in Bay Area is equivalent to 80K in a state like Michigan/Texas. That is the reason having a flat rate is a bad idea. Instead they need to improve the current method of determining the prevailing wage.

Doing away with OPT is not good either. Giving one year should be sufficient and if you want an extension an employer should be able to prove that they applied for an H1 and it did not get picked in the lottery and should pay the prevailing wage for extending OPT. Two year STEM extension is a very bad idea. I agree with you most companies don't provide any training.

Such outrageous bills will never go through.

I agree with both your suggestions, they seem to be more rooted in reality. Most of these bill's look "TRUMPED UP" to me <Pun Intended> , pandering to a certain voter base! :D

panchi2131
12-14-2015, 11:06 AM
any bill which includes anything to block OPT would never pass .

If all the students stop coming on F1 (with no OPT and lottery H1b ),half the universities would just close business .

eastindia
12-14-2015, 11:44 AM
First off 110K in Bay Area is equivalent to 80K in a state like Michigan/Texas. That is the reason having a flat rate is a bad idea. Instead they need to improve the current method of determining the prevailing wage.

Doing away with OPT is not good either. Giving one year should be sufficient and if you want an extension an employer should be able to prove that they applied for an H1 and it did not get picked in the lottery and should pay the prevailing wage for extending OPT. Two year STEM extension is a very bad idea. I agree with you most companies don't provide any training.

Such outrageous bills will never go through.

If this bill is implemented lottery will go away on its own. So no need for OPT anymore. OPT is a backdoor for exploitation.

eastindia
12-14-2015, 11:53 AM
any bill which includes anything to block OPT would never pass .

If all the students stop coming on F1 (with no OPT and lottery H1b ),half the universities would just close business .

There are many Universities like banned trivalley Univ and many third rate universities get majority foreign students. They get money from fees and their classes happen in nights and weekends so that Engineering students work during the day time for SubWay restaurants, Gas Stations and probably in so many other places where they get payments for work they are not authorized to do. There is so much illegal stuff going on out there. These Universities will close down for sure. No American anyways want to join them and no innovation happens there.

Foreign workers graduating from these colleges do not get jobs in top companies. They join consulting companies for low salaries and get exploited. H1Bs coming from India also mostly come via consulting companies and are known to work on low salaries. It is high time all this is stopped and foreign workers get high salaries they truly deserve.

javelin768
12-14-2015, 12:34 PM
There are many Universities like banned trivalley Univ and many third rate universities get majority foreign students. They get money from fees and their classes happen in nights and weekends so that Engineering students work during the day time for SubWay restaurants, Gas Stations and probably in so many other places where they get payments for work they are not authorized to do. There is so much illegal stuff going on out there. These Universities will close down for sure. No American anyways want to join them and no innovation happens there.

Foreign workers graduating from these colleges do not get jobs in top companies. They join consulting companies for low salaries and get exploited. H1Bs coming from India also mostly come via consulting companies and are known to work on low salaries. It is high time all this is stopped and foreign workers get high salaries they truly deserve.

By that logic, since there is so much exploitation of the people trying to migrate here legally and getting a green card , please BAN all Employment based GC now. It creates less opportunities for American people and more competition which is really BAD!

If there is a problem in the system, then it needs to be regulated with stricter rules. Banning bright students from coming and studying and working here is ONLY going to ensure brain drain.

Oh yeah, the exploitation you are pointing out here, is BECAUSE of the restrictions put on OPT students. They don't have mobility and flexibility because a lot of US employers don't want to go through the process of sponsoring them and hence have to work for consultancies who will eventually sponsor Visas.
If they were NOT good, they would not survive in the Job market would They??

panchi2131
12-14-2015, 01:20 PM
There are many Universities like banned trivalley Univ and many third rate universities get majority foreign students. They get money from fees and their classes happen in nights and weekends so that Engineering students work during the day time for SubWay restaurants, Gas Stations and probably in so many other places where they get payments for work they are not authorized to do. There is so much illegal stuff going on out there. These Universities will close down for sure. No American anyways want to join them and no innovation happens there.

Foreign workers graduating from these colleges do not get jobs in top companies. They join consulting companies for low salaries and get exploited. H1Bs coming from India also mostly come via consulting companies and are known to work on low salaries. It is high time all this is stopped and foreign workers get high salaries they truly deserve.

so u mean to say 100,000 students who every year wud spend 30k on universities ,and the universities would not be effected if they stop coming .:eek::rolleyes:

Guess u havent seen the state's budgets where in states are continuosly cutting budgets to these universities ...

thankstooptx
12-14-2015, 03:03 PM
If this bill is implemented lottery will go away on its own. So no need for OPT anymore. OPT is a backdoor for exploitation.

OPT is not going anywhere.... There is no way foreign students would risk 30-40K in tuition without a prospective of getting a job in US. You could graduate from a top tier university but you would still need some time to find a job.

If there are shady institutions exploiting the system then the problem is not with the immigrants it is with the US nationals who are exploiting the system and the immigrants for their gains, therefore the laws should be modeled to protect the immigrants which will automatically protect the US citizens.

You should not burn down an entire tree just because you got one bad fruit.

eastindia
12-14-2015, 03:50 PM
By that logic, since there is so much exploitation of the people trying to migrate here legally and getting a green card , please BAN all Employment based GC now. It creates less opportunities for American people and more competition which is really BAD!

If there is a problem in the system, then it needs to be regulated with stricter rules. Banning bright students from coming and studying and working here is ONLY going to ensure brain drain.

Oh yeah, the exploitation you are pointing out here, is BECAUSE of the restrictions put on OPT students. They don't have mobility and flexibility because a lot of US employers don't want to go through the process of sponsoring them and hence have to work for consultancies who will eventually sponsor Visas.
If they were NOT good, they would not survive in the Job market would They??

Nobody is advocating 'banning bright students'. Infact I am advocating the opposite. Let more bight students come to USA and encourage companies desi or non desi to hire these bright students at a high salary and stop exploitation. This can be accomplished by plugging all the loopholes that everyone is abusing

eastindia
12-14-2015, 03:55 PM
so u mean to say 100,000 students who every year wud spend 30k on universities ,and the universities would not be effected if they stop coming .:eek::rolleyes:

Guess u havent seen the state's budgets where in states are continuosly cutting budgets to these universities ...

Foriegn students will come no matter what. Even if you increase fees they will come. The point I made is there are many third rate universities that operate only to cater to foriegn students. They hold classes in the night and weekend only so that students can work during the day at gas stations and subways. The fees of such universities is low and placements are very poor. This is just like the desi consulting business in education feeding off the loopholes in the system. You need to plug the gaps not only at the employment level but also at the education level to stop the supply of low cost workers that are exploited.

Give rights to bright workers. Give them high salaries. Stop OPT so that workers can jump to H1B without lottery and wait times and sponsor them for greencard. Let USA be a land of best and the brightest for which the EB program and H1B program is advertised by pro H1B lobby

eastindia
12-14-2015, 03:58 PM
OPT is not going anywhere.... There is no way foreign students would risk 30-40K in tuition without a prospective of getting a job in US. You could graduate from a top tier university but you would still need some time to find a job.

If there are shady institutions exploiting the system then the problem is not with the immigrants it is with the US nationals who are exploiting the system and the immigrants for their gains, therefore the laws should be modeled to protect the immigrants which will automatically protect the US citizens.

You should not burn down an entire tree just because you got one bad fruit.

Everyone knows that students lie in the visa interview saying they want to come back as soon s they complete the education. And still majority want to stay and not only get H1B but want greencard.

Even if you ban OPT people will come to USA as long as this is a country opportunity and dollars

Tarang
12-14-2015, 06:27 PM
Everyone knows that students lie in the visa interview saying they want to come back as soon s they complete the education. And still majority want to stay and not only get H1B but want greencard.

Even if you ban OPT people will come to USA as long as this is a country opportunity and dollars

Every consular officer knows that only few % of F1s are planning to go back and they have all historical data to back that. So why are they still giving visas to so many students?

eastindia
12-14-2015, 07:32 PM
Every consular officer knows that only few % of F1s are planning to go back and they have all historical data to back that. So why are they still giving visas to so many students?

Lobbying by interest groups

DMX17
12-15-2015, 11:06 AM
I think this bill is not going anywhere and so we are only discussing hypothetical. This is because the companies in general who invest in the political candidates want more H-1Bs (AKA cheap indentured servants who depress wages in a way that nobody notices). This bill might just be one of those talking points things (“we recently introduced a bill to protect American workers by making it harder to import them H-1Bs”) while Cruz has no real intention to do jack shit or even has intentions to do the exact opposite. I thought the same guy Cruz wanted to increase the H-1B cap! But I could be wrong as I am politically inept.

Interesting debate on students and the best/brightest…yes we had to say that we would go back to our home countries as we have ties (lies). Yes, they know it and they allow it. It is also delusional to think that all/majority students are the best and brightest and the U.S. (read companies) needs us for that reason which is what they claim to American people. I know many people who came on student visas and I would say out of them there are only 2 or 3 or less than 5% best and the brightest (of course I am not one of them). So from an American point of view, I can see why the people might feel cheated by the industry claims (lies). So I guess everybody lied to bring us where we are today and I think Cruz is also doing the same!

But this is what I think today (which is subject to change on a daily basis).:D

uhsarp
12-16-2015, 05:53 PM
To summarize this bill:
1. It sets a minimum wage of $110,000
2. It eliminates OPT because this program is being used as a source of cheap labor
3. It bars for a period of two years any company that has had layoffs of American workers from applying for the H1B program.

I am generally in favor of this bill except for 3. Setting a minimum wage of $110,000 ensures that the cheap Indian outsourcing companies are driven out of business in the United States and that only high-quality and well-paid immigrants are hired. I agree with the Elimination of OPT as well because there are so many masters students in computer science who settle for low-quality QA positions.

I would highly hope that they remove stipulation 3 because companies always have to reassess their positions and lay off people because of skill set differences.

I also think that they should keep OPT for PhD level students in STEM.

They should also consider combining elements of this bill with Senator Sessions and Nelsons other bill which proposes handing out H1B visas by highest salary first. If a foreign national is truly that valuable, then they will be able to command that kind of salary.


#1 is irrational. Wage is determined by location/cost of living etc. $110k is a lot in Salt Lake City and the equivalent would be $160k in New Jersey.

#2 Without OPT and the 60k ish limit for H1b lottery, most students will be forced to leave the country or get double-triple masters for no fault of their own.

#3 is absurd. Firings aren't just based on performance but are also based on the economics of the company. If a company faces a loss this year, they may increase their firings. But if they come back next year and need to expand their workforce to grow, they cannot do it anymore and have to wait for another year??

eastindia
12-16-2015, 06:39 PM
#1 is irrational. Wage is determined by location/cost of living etc. $110k is a lot in Salt Lake City and the equivalent would be $160k in New Jersey.

#2 Without OPT and the 60k ish limit for H1b lottery, most students will be forced to leave the country or get double-triple masters for no fault of their own.

#3 is absurd. Firings aren't just based on performance but are also based on the economics of the company. If a company faces a loss this year, they may increase their firings. But if they come back next year and need to expand their workforce to grow, they cannot do it anymore and have to wait for another year??

1- This is why many consulting firms showed Salt Lake City kind of locations as work place before work place visits started by USCIS. I would not be surprised if some new idea to abuse has been found.

2- Wrong. With strong rules only best and the brightest with $110K will stay here to benefit USA. Others will leave to benefit their native countries.

3- That is fine. These days a lot of firings are because of outsourcing. Even if firing is not because of outsourcing for all jobs in this country US citizens must come first. What is happening is foreigners come first because they work for low wages and it is profitable.

eastindia
12-18-2015, 04:02 PM
US bill making H-1B visas expensive passed | world | Hindustan Times (http://www.hindustantimes.com/world/us-bill-making-h-1b-visas-expensive-passed/story-0Jm0DP972edjsDCvKvqsnO.html)

I wonder how much additional revenue would be generated? It is not a huge increase as it is being projected and there are a few riders that will allow many companies to avoid this higher fees

eastindia
12-21-2015, 10:58 AM
Air India stops 19 students from heading to ‘blacklisted’ US universities (http://scroll.in/latest/800913/air-india-stops-19-students-from-heading-to-blacklisted-us-universities)
Air India stops 19 students from heading to ‘blacklisted’ US universities

Flyingcrow
12-21-2015, 12:53 PM
Air India stops 19 students from heading to ‘blacklisted’ US universities (http://scroll.in/latest/800913/air-india-stops-19-students-from-heading-to-blacklisted-us-universities)
Air India stops 19 students from heading to ‘blacklisted’ US universities

How is that relevant to this thread?

eastindia
12-21-2015, 01:20 PM
How is that relevant to this thread?
Its related to previous posts to explain why restrictions are important

DMX17
12-22-2015, 04:39 PM
The fees are increasing for 50/50 employers. Affected workers get ready to get that pay cut (or no increase in salary). Not sure if (b) below is only meant for employers who have more than 50% L-1 (and not L-1 plus H1).

Here is the text:


(a) Temporary L-1 Visa Fee Increase- Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2025, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act.

`(b) Temporary H-1b Visa Fee Increase- Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2025, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.

eastindia
12-22-2015, 05:29 PM
The fees are increasing for 50/50 employers. Affected workers get ready to get that pay cut (or no increase in salary). Not sure if (b) below is only meant for employers who have more than 50% L-1 (and not L-1 plus H1).

Here is the text:

I am not sure about pay cut. But this additional cost will be recouped by increasing the pay rate for clients. But employee salary will remain the same or less. The visa fee increase is a tiny drop compared to how much money consulting companies make. But you will see their profits increase due to fees increase. They just found a pretext to increase their project fees.

hydboy77
12-22-2015, 05:44 PM
The desi owned cheap h1b and opt sweat shop apartment companies are the ones doing the most damage. While the big outsourcing companies like tcs Infosys wipro etc get all the blame and bad press it is these sweat shops which are doing the most damage. These guys have almost formed a syndicate. They go to India, collect 5000 to 6000 US$ in India and apply for h1b visa flouting all rules. If the application is not picked in the lottery they keep 1500 to 2000$ and return the rest. They make 500$ even if your application is not even picked in the lottery. These people have become so rich, it is unbelievable. They earn about 10 to 20k per each h1b visa they hold per year. Each company has at least 20 employees. You are talking about 200 to 300k minimum per company. These guys bribe, wine and dine the prime vendors. The prime vendors know the fraud but they are ok with it because they get to keep a bigger cut from what the client pays. For example, if the client pays 90$ per hour for a job, the prime vendor wants to keep as much as possible, if the prime vendor hires an American or even green card or naturalized citizens they will demand a fair pay but instead if they go to these desi sweat shops they know they can keep anywhere from 20 to 30$ per hour. 90$ becomes 60 to 70$ and based on how many layers are there by the time it comes to the desi sweat shop it can become 50 to 60$. The desi sweat shop takes 15% and the h1b candidate gets 40 to 50$ per hour. This is h1b in a nut shell. Pure fraud

I went to School in US and got hired in campus interview to a fortune 50 company. The company followed all the rules and it took me 10 years to get green card. In the meanwhile the frauds that came on desi sweat shop h1 got the green cards 7 years earlier because desi seat shops do fraud even in green card process. The guy is working on sap but application is based on java!!!!! 40 resumes are received but they claim less than 5 resumes were received when they advertised. You guys know the story…….

OPT is an even bigger fraud. The students are naïve and scared. They don’t want to return to India. They go to these sweat shops and the sweat shops are e-verify companies. They students pay them money to run payroll for a couple of months for opt ead extension. In the meanwhile if they get a job, arranged through fake resumes, proxy interview phone calls and even proxy skype calls (the guy just sits in front of the camera with the headphone jacks which are not plugged in, the other guy sitting behind the camera wears the microphone and answers interview question while the guy in front of camera just gives lip movement and acts) they get 50k per year while the desi sweat shop pockets the rest. Even getting 45$ per hour nets them 30k per year per student. The number of desi sweat shops are growing by the year because each year 85k new h1 come in every year.

To overcome the restrictions that apply when employee count goes above 50, the sweat shops just start another company when they get into 40 employees (h1b). It takes a couple of days to start a new company and get it e-verified. If h1b reform is to be successful then they have to go after desi sweat shops.

1. Do not put any limit on the number of employees like 50 or 25 etc. If you use h1 the rules should apply no matter how many employees
2. Ban h1b consulting.

I followed all the rules, studied hard and it took me 10 years to get green card while faruds went ahead. I started searching for a job after 10 years and was amazed at the level of fraud that is being carried out in terms of collecting money in India by sweat shops, the fakes resumes, proxy interview calls, bribing the prime vendors etc. I am planning on calling all senators immigration handling staff and raise these points.

Before throwing mud at me for saying this, if you genuinely feel you are talented you will get a job if the above 2 rules are implemented. It is the frauds that will get washed out, both the sweat shop frauds and know nothing h1b (not all h1b are no nothings but quite a few are)

eastindia
12-22-2015, 05:56 PM
hydboy77 well put. The thing is nobody goes and meet Grassleys and Sessions of the world and complains. It is high time immigrants start testify in Congress against the exploitation. Why do we not speak up and get outside of the forum and do real in person meetings with our lawmakers against exploitation?

gopal008
12-23-2015, 12:53 AM
The desi owned cheap h1b and opt sweat shop apartment companies are the ones doing the most damage. While the big outsourcing companies like tcs Infosys wipro etc get all the blame and bad press it is these sweat shops which are doing the most damage. These guys have almost formed a syndicate. They go to India, collect 5000 to 6000 US$ in India and apply for h1b visa flouting all rules. If the application is not picked in the lottery they keep 1500 to 2000$ and return the rest. They make 500$ even if your application is not even picked in the lottery. These people have become so rich, it is unbelievable. They earn about 10 to 20k per each h1b visa they hold per year. Each company has at least 20 employees. You are talking about 200 to 300k minimum per company. These guys bribe, wine and dine the prime vendors. The prime vendors know the fraud but they are ok with it because they get to keep a bigger cut from what the client pays. For example, if the client pays 90$ per hour for a job, the prime vendor wants to keep as much as possible, if the prime vendor hires an American or even green card or naturalized citizens they will demand a fair pay but instead if they go to these desi sweat shops they know they can keep anywhere from 20 to 30$ per hour. 90$ becomes 60 to 70$ and based on how many layers are there by the time it comes to the desi sweat shop it can become 50 to 60$. The desi sweat shop takes 15% and the h1b candidate gets 40 to 50$ per hour. This is h1b in a nut shell. Pure fraud

I went to School in US and got hired in campus interview to a fortune 50 company. The company followed all the rules and it took me 10 years to get green card. In the meanwhile the frauds that came on desi sweat shop h1 got the green cards 7 years earlier because desi seat shops do fraud even in green card process. The guy is working on sap but application is based on java!!!!! 40 resumes are received but they claim less than 5 resumes were received when they advertised. You guys know the story…….

OPT is an even bigger fraud. The students are naïve and scared. They don’t want to return to India. They go to these sweat shops and the sweat shops are e-verify companies. They students pay them money to run payroll for a couple of months for opt ead extension. In the meanwhile if they get a job, arranged through fake resumes, proxy interview phone calls and even proxy skype calls (the guy just sits in front of the camera with the headphone jacks which are not plugged in, the other guy sitting behind the camera wears the microphone and answers interview question while the guy in front of camera just gives lip movement and acts) they get 50k per year while the desi sweat shop pockets the rest. Even getting 45$ per hour nets them 30k per year per student. The number of desi sweat shops are growing by the year because each year 85k new h1 come in every year.

To overcome the restrictions that apply when employee count goes above 50, the sweat shops just start another company when they get into 40 employees (h1b). It takes a couple of days to start a new company and get it e-verified. If h1b reform is to be successful then they have to go after desi sweat shops.

1. Do not put any limit on the number of employees like 50 or 25 etc. If you use h1 the rules should apply no matter how many employees
2. Ban h1b consulting.

I followed all the rules, studied hard and it took me 10 years to get green card while faruds went ahead. I started searching for a job after 10 years and was amazed at the level of fraud that is being carried out in terms of collecting money in India by sweat shops, the fakes resumes, proxy interview calls, bribing the prime vendors etc. I am planning on calling all senators immigration handling staff and raise these points.

Before throwing mud at me for saying this, if you genuinely feel you are talented you will get a job if the above 2 rules are implemented. It is the frauds that will get washed out, both the sweat shop frauds and know nothing h1b (not all h1b are no nothings but quite a few are)

Nothing against you or nor I am with sweat shops here. I am also a full time employee for a public company for past 8 years and my green card is delayed because they follow all rules and dont do green cards like desi consulting companies. Another person I knew from my college already has EAD and will get green card soon. I am still waiting for my EAD. But all might not be fortunate to get on campus jobs. For these students they take loans in India the only way to pay them off is to quickly find a job. They are not many companies that do H1bs that too in big numbers. I am just putting perspective of a student coming from India. Rather than complaining to senators and congresspersons I would educate the OPT students.

panchi2131
12-23-2015, 06:20 AM
hydboy77 well put. The thing is nobody goes and meet Grassleys and Sessions of the world and complains. It is high time immigrants start testify in Congress against the exploitation. Why do we not speak up and get outside of the forum and do real in person meetings with our lawmakers against exploitation?

and thats because u think the "Grassleys and Sessions of the world" worry about the welfare of the immigrants or u think "dushman ka dushman is dost" ??

all these happen because of the outdated immigration laws ,for which grassley wont do anything .

eastindia
12-23-2015, 08:27 AM
and thats because u think the "Grassleys and Sessions of the world" worry about the welfare of the immigrants or u think "dushman ka dushman is dost" ??

all these happen because of the outdated immigration laws ,for which grassley wont do anything .

Immigration laws are way too liberal here. This is why employers, immigrants and lawyers exploit loopholes and there is human rights violation of immigrants through exploitation of high skilled immigrants. L1 visa and OPT visa are more exploited than H1. They both are unlimited quota visas. More regulations are needed to get immigrants get paid equal if not more than US citizens. Fault is less with immigrants and they are unfairly blamed by anti immigrants. Fault lies with companies who employ them for profits.

foia
12-23-2015, 09:18 AM
The desi owned cheap h1b and opt sweat shop apartment companies are the ones doing the most damage. While the big outsourcing companies like tcs Infosys wipro etc get all the blame and bad press it is these sweat shops which are doing the most damage. These guys have almost formed a syndicate. They go to India, collect 5000 to 6000 US$ in India and apply for h1b visa flouting all rules. If the application is not picked in the lottery they keep 1500 to 2000$ and return the rest. They make 500$ even if your application is not even picked in the lottery. These people have become so rich, it is unbelievable. They earn about 10 to 20k per each h1b visa they hold per year. Each company has at least 20 employees. You are talking about 200 to 300k minimum per company. These guys bribe, wine and dine the prime vendors. The prime vendors know the fraud but they are ok with it because they get to keep a bigger cut from what the client pays. For example, if the client pays 90$ per hour for a job, the prime vendor wants to keep as much as possible, if the prime vendor hires an American or even green card or naturalized citizens they will demand a fair pay but instead if they go to these desi sweat shops they know they can keep anywhere from 20 to 30$ per hour. 90$ becomes 60 to 70$ and based on how many layers are there by the time it comes to the desi sweat shop it can become 50 to 60$. The desi sweat shop takes 15% and the h1b candidate gets 40 to 50$ per hour. This is h1b in a nut shell. Pure fraud

I went to School in US and got hired in campus interview to a fortune 50 company. The company followed all the rules and it took me 10 years to get green card. In the meanwhile the frauds that came on desi sweat shop h1 got the green cards 7 years earlier because desi seat shops do fraud even in green card process. The guy is working on sap but application is based on java!!!!! 40 resumes are received but they claim less than 5 resumes were received when they advertised. You guys know the story…….

OPT is an even bigger fraud. The students are naïve and scared. They don’t want to return to India. They go to these sweat shops and the sweat shops are e-verify companies. They students pay them money to run payroll for a couple of months for opt ead extension. In the meanwhile if they get a job, arranged through fake resumes, proxy interview phone calls and even proxy skype calls (the guy just sits in front of the camera with the headphone jacks which are not plugged in, the other guy sitting behind the camera wears the microphone and answers interview question while the guy in front of camera just gives lip movement and acts) they get 50k per year while the desi sweat shop pockets the rest. Even getting 45$ per hour nets them 30k per year per student. The number of desi sweat shops are growing by the year because each year 85k new h1 come in every year.

To overcome the restrictions that apply when employee count goes above 50, the sweat shops just start another company when they get into 40 employees (h1b). It takes a couple of days to start a new company and get it e-verified. If h1b reform is to be successful then they have to go after desi sweat shops.

1. Do not put any limit on the number of employees like 50 or 25 etc. If you use h1 the rules should apply no matter how many employees
2. Ban h1b consulting.

I followed all the rules, studied hard and it took me 10 years to get green card while faruds went ahead. I started searching for a job after 10 years and was amazed at the level of fraud that is being carried out in terms of collecting money in India by sweat shops, the fakes resumes, proxy interview calls, bribing the prime vendors etc. I am planning on calling all senators immigration handling staff and raise these points.

Before throwing mud at me for saying this, if you genuinely feel you are talented you will get a job if the above 2 rules are implemented. It is the frauds that will get washed out, both the sweat shop frauds and know nothing h1b (not all h1b are no nothings but quite a few are)
Agree with everything you said. Now, please do speak about other abuses as well, like L1A, EB1C.

Commonman
12-23-2015, 11:29 AM
T
I went to School in US and got hired in campus interview to a fortune 50 company. The company followed all the rules and it took me 10 years to get green card. In the meanwhile the frauds that came on desi sweat shop h1 got the green cards 7 years earlier because desi seat shops do fraud even in green card process. The guy is working on sap but application is based on java!!!!! 40 resumes are received but they claim less than 5 resumes were received when they advertised. You guys know the story…….


Since you got the green card for 10 years you don't want anyone to get before you :).

I also went to school in us and got selected in campus interview by one of the major company in US and i don't felt it was challenging so i changed to another company through a consulting firm just because they don't sponsor H1B's ,but they take contractors with H1B.

I agree with your thoughts on desi seat shops.

BAN consulting.... But also ban contracting jobs ... Ban H1B...

When you don't have many choices in your life you have to live with what you have.. I learned that trough H1B

hydboy77
12-23-2015, 01:04 PM
Completely wrong read about what i said. I never said just because I waited for 10 years others should also wait 10 years. What I meant is if you follow rules you are ending up last. The solution to this is not to change jobs and end up with desi sweat shops where you also join the group in breaking the laws and committing fraud. the solution is being honest and using the tools that are provided my the american system to bring the fraud to the notice of the people who can stop the fraud, in this case the senators.

I dont break laws and I want to stop people who are committing fraud and breaking the laws. The solution is not to live with h1b. H1b is not wrong. The way the sweat shops are misuing h1b is wrong. The solution is to reform h1b so that there is no fraud by banning consulting on h1b. If consulting is banned companies will be forced to hire full time and that will automatically stop the sweat shops fraud and h1b exploitation.




Since you got the green card for 10 years you don't want anyone to get before you :).

I also went to school in us and got selected in campus interview by one of the major company in US and i don't felt it was challenging so i changed to another company through a consulting firm just because they don't sponsor H1B's ,but they take contractors with H1B.

I agree with your thoughts on desi seat shops.

BAN consulting.... But also ban contracting jobs ... Ban H1B...

When you don't have many choices in your life you have to live with what you have.. I learned that trough H1B

hydboy77
12-23-2015, 01:30 PM
I urge you all to please call the senators Grassley and Durbin and ask to speak within someone responsible for immigration. When they transfer you please tell them how h1b is being misused. See my post above where I clearly explained how desi sweat shops are minting money by exploiting h1b. Tell them the solution is not to ban h1b but to reform it by restricting h1b from working as contractors. This rule should be implemented across the board without any exemption like upto 50 employees etc. Tell them clearly that the desi sweat shops have less than 50 employees and once they reach the 50 limit they just start another company to overcome that restriction, tell them if you make the limit 25 employees then desi sweat shops will start another company after 25 limit is reached. The only solution is complete ban of h1b consulting.

If h1b consulting is banned companies will be forced to hire full time. No more h1b exploitation from desi sweat shops. No more fraud in interviews with proxy interview calls to let unqualified people get the job while genuine people can’t even get a job.

I please urge you to call. I support IV and its goals be it removal of per country limit, portability etc. etc. but immigration voice will never advocate for h1b reform. I don’t want to get into the politics of that but we all know IV will not advocate banning h1b consulting etc. we have to it ourselves in individual capacity. Guys even if a couple of people call the senators, they will know there is someone who is interested in it and appreciating their effort, if no one calls these senators will not have an incentive to keep pushing h1b reform. Keep calling, if we don’t fight for it no one will.


Contact information for senator durbin

Official website:

• Home | U.S. Senator Dick Durbin of Illinois (http://www.durbin.senate.gov)
• Contact webform

Address:
711 Hart Senate Office Building Washington DC 20510
Washington, DC 20510
Phone: 202-224-2152
Fax: 202-228-0400


Contact information for grassley

Official website:

• Chuck Grassley | United States Senator for Iowa (http://www.grassley.senate.gov)
• Contact webform

Address:
135 Hart Senate Office Building Washington DC 20510
Washington, DC 20510
Phone: 202-224-3744
Fax: 202-224-6020

Email:Sen.Grassley@opencongress.org


Use this link to find other senators.
https://www.opencongress.org/people/senators



hydboy77 well put. The thing is nobody goes and meet Grassleys and Sessions of the world and complains. It is high time immigrants start testify in Congress against the exploitation. Why do we not speak up and get outside of the forum and do real in person meetings with our lawmakers against exploitation?

ankur_shah2982
12-23-2015, 01:51 PM
You don't understand the main problem.

This exists because there are big delays in getting H1B for certain country like me(Indian).If not H1B Desi consultants there will be someone else taking advantage of this situation. Like suppressing the salary of H1B or giving no promotion to them by companies.

The only solution is improving green card process in US which is what IV is doing.

Eadfor I140
12-24-2015, 02:42 PM
When it come to those who dont follow legal system, media always their. What we can do to get media involved.
We already have steps done in immigration system. Still we have to go for H1 & L1.

Why Why Why


What we can do at this time ? How we can get attention ? We have to contact media like Fox & CNN to voice our concern .

IV what can we do here. With I 140 EAD at stake , it is time for voice our concern.
===========> We Need Media Attention <==================

Commonman
12-25-2015, 03:56 AM
Completely wrong read about what i said. I never said just because I waited for 10 years others should also wait 10 years. What I meant is if you follow rules you are ending up last. The solution to this is not to change jobs and end up with desi sweat shops where you also join the group in breaking the laws and committing fraud. the solution is being honest and using the tools that are provided my the american system to bring the fraud to the notice of the people who can stop the fraud, in this case the senators.

I dont break laws and I want to stop people who are committing fraud and breaking the laws. The solution is not to live with h1b. H1b is not wrong. The way the sweat shops are misuing h1b is wrong. The solution is to reform h1b so that there is no fraud by banning consulting on h1b. If consulting is banned companies will be forced to hire full time and that will automatically stop the sweat shops fraud and h1b exploitation.

I haven't committed any fraud. i just wanted to have my right to change the jobs without applying for I140 every time.

And some of the companies i applied for, i just lost oppurtinuty because of disagreement of filing my application in EB2(THEY WILL FILE IN EB3)

So you wanted me to follow the rules of the company ? I am having a masters degree in US( EB2 Eligible) but they will fill my GC only on EB3 and on top of that they asked for a 3 yrs agreement after GC approval (THIS IS A US COMPANY - NOT A DESI COMPANY)

If allow those companies to take advantage of you then you will end up waiting more than 20 yrs for your GC.