[orochimaaru]

I don’t think the issue is one of qualification. I think it is wage suppression. I mean if the H1B was a work permit to work anywhere in tech and you could leave without impacting your green card processing for another job - that MS/PhD folks would demand much higher $$.

[bdangubic]

This is true - inability to switch jobs while on H1B is not right but it is difficult to make that a reality based on the spirit of the program.

If the program is there for "we can't find qualified people in the US to do X" and then you find one such person to sponsor for H1B - the direction in which this is going is that Company is looking for an Employee. If you as an employee than say "imma pack up my bags and go elsewhere" now this is changing direction, now Employee is looking for Company and that is really not what H1B is for.

There 1,000,000% should be like H1E program that works in this direction but I am sure whatever someone tries to come up with there will be hundreds of people here on HN and elsewhere "crying" about "we should first look in the US before we hire immigrants.'

[orochimaaru]

I'm not sure if some American companies have this. I don't believe they do. From hiring I know for sure, if there is someone who doesn't need immigration handholding is about as qualified as someone on an H1B, the former is preferred. Most of the times there is explicit guidance - "we aren't hiring H1B's from this date until further notice". So I know from being on both sides of the coin (as an H1B and then not needing one but being on the hiring side) there isn't a preference to H1Bs. In fact I'd assume the reverse is true.

Now, H1B's will put in longer hours and extra work without complaint and won't take things like EEO action, legal action, etc. against their employer. But it just comes with the territory that as a visitor in the US you do not want legal trouble and would like to preserve your legal status as seamlessly as possible.

To your first point - the H1B exists because they can't find technical (or other) talent in their work zone. So here's the thing - if one company can't find it, neither can others unless that one company is doing something super specialized. They could just provide the ability to move in zones where that expertise is needed and the minimum expected salary the employer must pay. There are solutions if congress gets off their rear-end and tries to find them.

[bdangubic]

> So I know from being on both sides of the coin (as an H1B and then not needing one but being on the hiring side) there isn't a preference to H1Bs. In fact I'd assume the reverse is true

My experience has been the same but we are just two people with such experience - there is definitely "corruption" associated with this program that you and I personally did not experience.

> Now, H1B's will put in longer hours and extra work without complaint and won't take things like EEO action, legal action, etc. against their employer. But it just comes with the territory that as a visitor in the US you do not want legal trouble and would like to preserve your legal status as seamlessly as possible.

Perhaps... but we do live in a VERY litigious society and I am personally questioning that this is rampant. There are A LOT of highly qualified people that are on the H1B program that won't take sh*t from the Employer. I know I personally 100% would not (I will work LOOOOOONG hours if my entire team is doing the same, I will find a hotshot attorney on Monday if I am the only one forced to work long hours just because I am an immigrant and I am 100% sure there are plenty of H1B's that think the same way. I think we sometimes make an assumption that all/majority/... H1B's come from shithole places and they will do EVERYTHING possible to stay in America (and H1B is probably the most legal way to do so). While that might be true for some, I do not believe it is true for enough people where this H1B wage/... discrimination can be rampant.

> They could just provide the ability to move in zones where that expertise is needed and the minimum expected salary the employer must pay. There are solutions if congress gets off their rear-end and tries to find them.

100% agree with the sentiment of your comment but I do think that this is harder than it appears - if we follow the spirit of H1B program. It can be re-designed into something else, like general "USA has low birthrates and needs immigration - lets create a program where highly qualified people can request to come to work/live/... in the United States..." but IMO this would have to be a different program in spirit to current H1B