From the readings, what is the controversy surrounding the H1-B Visa program? What are the arguments for and against the expansion of the program? After examining the topic, where do you stand on the issues surrounding the program? If you are in favor of expanding the use of H1-B Visa guest workers, explain why it is beneficial for the United States. How would you respond to concerns about lowering of wages or loss of jobs for US citizens? If you are agains the use of H1-B Visa guest workers, explain why it is is not necessary or potentially harmful to the United States. How would you respond to the idea that America is a nation of immigrants and that these guest workers are an effective means of tackling the problem of a tech talent shortage? In either case, discuss whether or not you are concerned with competition due to foreign workers or possibly outsourcing. If you are non-US citizen, discuss how these issues impact you and your future plans as it relates to residency and employment in America.
The H-1B visa system, as of today, is messed up.
The mainstream criticism of the H-1B visa program, that it’s designed for bringing cheap labor to take over American jobs, is misinformed. The current H-1B visa program has a few requirements to ensure companies aren’t recruiting foreign workers as cheap replacement for domestic workers: the job has to require a bachelor’s degree or equivalent experience; the job has to be related to the worker’s field of study; the company has to pay prevailing wage (average wage or above, paid to workers in a specific occupation in a specific location). Theoretically, these requirements would guarantee that H-1B visas are used only to fill highly demanded, highly skilled positions, and would protect American workers from an influx of cheap labor.
But the criticism isn’t completely invalid—the current debate stemmed from actions of a few infamous companies (Tata Consultancy Services and Infosys, for example) that abuse the program and blatantly disregard and work around these requirements, in order to bring temporary, disposable, cheap workers into the US. The fact that Indian foreign nationals composed almost 70% of all H-1B applicants in 2014 is telling: the H-1B system is out-of-date and deeply flawed.
These unlawful practices have some deep impact on legitimate applicants. They have taken up the majority of H-1B applications and raised the number of applications so much, such that the U.S. Citizen and Immigration Services (USCIS) has to employ a random lottery system to determine which applications to review. Last year, only a third of applications were randomly selected to be reviewed; the rest were sent back and the workers had to keep waiting, many of whom had to leave the U.S. before they had a chance for their application to be reviewed.
If the H-1B visa is designed to attract and retain talents and “specialty workers,” is it reasonable to let chance determine who leaves and who stays?
To paint the picture more clearly, here’s a sketch of my own application process. After I graduate this May, I have around 30 months of remaining employment authorization that comes with my student (F-1) visa, thanks to my STEM degree; during these 30 months, my company will apply for an H-1B visa for me on every April 1st, so I have 2 chances to apply for H-1B before I have to leave the U.S.; assuming the same number of applications as last year, my application has a 30% chance of being reviewed (and most likely approved), so I have roughly a 50% chance of getting the visa (or I have to leave). And after I receive the H-1B visa, if I want to apply for permanent residency or citizenship in the U.S., I’ll have to wait for another 5 to 7 years, due to the sheer number of applicants. It’s a pure waiting game.
The USCIS doesn’t care whether I’m good at what I do, whether I am employed by one of the most sought-after companies, whether I’m a top graduate of a top college, or whether I speak fluent English. All that matters is chance.
I’m in favor of expanding the H-1B visa program (there is a bipartisan bill that raises the cap of H-1B workers, that’s slowly moving through the congress), but more importantly, I want to see an improvement in the application and review process, such that chance doesn’t determine who stays and who leaves. But given the chaotic political landscape in the U.S., maybe the current system actually helps me in some sense. If the political divide furthers among the U.S. population, moving somewhere else is an attractive option too.
Conundrum 