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by ardit33 5661 days ago
It is a good start, but here is another good idea to the lawmakers.

How about automatic Green Card to any H-1B holder that has been working in the US for more than 5 years.

1. To get a H-1B there is a prevailing wage that the employer has to pay. Enforce that well to avoid body shops type of miss usage.

2. If you were continuously paid that prevailing wage, that means that there is need for that skill your bring.

5th year the green card should be in the mail. I bet a lot of current H-1B holders are itching to start a startup, but they just can't easily walk away from jobs, or their statuses will be jeopardized.

I have to remember the HN community that there is a lot of good talent that are holding H-1Bs. Many of them went to US universities and transitioned from F-1 to H-1B. By the fifth year of employment they will reach 27, a good age to start something yours.

But unfortunately a lot of H-1B holders have to wait for years, and go through massive bureaucratic procedures to convert to a GC. Only lawyers and large employers profit from the current status.

When mobility of employers is restricted by artificial means, the economy and public in general looses some, while only few actors win/make a profit out of it.

Continuous employment for 5 years with good salaries is a good balance to show that there is a need for said foreigner.

4 comments

>>Enforce that well to avoid body shops type of miss usage.

Correct me if am wrong, but from what I have heard, it is already enforced and all the big body-shops do things being on the proper side of the law.

I see a concern. Wouldn't a lot of firms which rely on outsourced projects encash this opportunity?

I mean, I already see a lot of people willing to do anything to get an H1B and a GC. (from where I come from, if one is in the IT industry for 2 years and does not have an H1B, he would be treated like an outcast and an under-performer)

If sticking for 5 years is the only criteria, the trend I foresee is, a lot of people from outsourcing firms using the opportunity to become GC holders and then staying with corporations that can guarantee them minimum pay (cause frankly, a majority of them are not really startup material). Considering that it's relatively easy for someone from such BigCorp background to get an H1B, the real ones (real entrepreneurs / startup folks) end up missing out (I guess not many would be willing to sponsor an H1B and get him abroad, financial constraints and legal hassles being few possible reasons)

Again, please correct me if am wrong!

The greencard backlog is about 7 years. So either the greencard process starts as soon as you get your H-1B or your really looking at 12 years before you get a greencard.
How would define a prevailing wage given that in the same company two people with the same job title could be making vastly different sums of money ?
It's defined by the federal government by region and classification. The classifications are pretty formalized as part of the visa process.
My point was the data is wrong. It classifies someone doing php work for a small non-profit as the same as someone developer high-frequency trading systems for an investment bank, even though in reality there can be an order of magnitude difference in salaries.

The whole concept of "prevailing wage" is a sham in high-skill occupations. It's a hangover from blue-collar jobs.

Really good idea. Those never survive congress.