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by thrill 2533 days ago
Indians did not abuse it if the law allowed their entry. There is no such thing as "working as intended" when it comes to law - there is (non)compliance. Congress's intent is fully specified when the law is written. Any wiggle room is due to Congress's inability to be precise, and occasionally interpreted by the Court when some specific law becomes a big enough issue to a complaining party that it's worth their effort to take it that far.
1 comments

yes they do abuse and they are very creative in bending the law for own favor. H1-B program was designed as temporary program to bring skilled immigrants. But somehow ended up being abused by huge tiered network of consultancies:

1. CV/resumes for H1-B candidates - are 90% fake, inflated experience -> that leads to hiring overseas nationals over domestic professionals.

2. Usage of training visas (cpt/opt) for actual work. The training visas are for training entry-level students, not just a work authorization for experienced foreign IT specialist working for entry level wages.

3. Lower effective wage in the industry, due to inability of Department of Labor to depress wages. They go around the rules by creatively choosing specialty occupation codes to determine prevailing market wage and make foreign-brought IT talent way cheaper than domestic ones.

4. Outsourcing itself allows greedy companies to slash full-time staff and increase profits, as foreign IT nationals require fewer/cheaper benefits than domestic -> that's why C2C and consultancies in general are in high demand

there are countless other examples of how the system was abused that I can go on and on forever.