Visa program for ‘best and brightest’ also used to fill low-wage jobs | Hacker News Reader

Visa program for ‘best and brightest’ also used to fill low-wage jobs

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20 pointsgreenburger11 comments

As someone who is currently going through the process of trying to get a working visa in the US as an Australian, I find this story appalling. They make it beyond difficult for someone like myself who is a self-taught developer with 8 years experience to get a temporary work visa in the USA to get experience working at a company like Twitter or startup, yet people who lack any kind of skill that would warrant obtaining a skilled-worker visa can easily get one? I don't get it.

Why is it so hard for someone like me who might not hold a bachelors degree nor have the experience to substitute, but I have the skills and experience to do my job well, yet it isn't good enough?

On the other hand, why is someone like you better than someone who gets a visa to be a tourist guide at a ranch?

If the visa requirements say you need a degree or 12 years of experience then that should be the requirement, but I don't see why someone who wants to work at a startup is inherently more valuable.

One of the things that's been trending lately is hiring Mexicans to work for startups. They stay based in MX but spend significant time in the US under tourist visas. Sites like http://it-seekers.com/ has helped match devs to startups pretty well... and poached great people from larger companies (also frequently American, like HP, Dell/Perot, Oracle, etc).

It's a tragedy.

The worst thing is that you're trying to do things legally within the US system but those who intentionally break the law have a much easier time of it.

Whether or not someone believes in more open or less open immigration, corruption of the system and disregard of the rule of law will lead to much larger problems down the road.

If by "have a much easier time of it" you mean live with terrible insecurity and none or limited social services, then sure :P.

I mean that once you are across the border, you can claim "persecution" without any evidence and won't be deported.

There are two situations to consider. The first is where someone wants to move to America and work here. Maybe you like the employment opportunities, maybe you have a long distance relationship you'd like to make short distance, maybe you like the weather, maybe your old country just sucks.

The second is where a company wants to bring in an expert from abroad to do some specialized work. You should be able to describe the expert as "Firstname fucking Lastname".

Hypothetically -- by which I mean, the way everyone talks about them but no one uses them -- H1-B's are supposed to be used for the latter. You sound like you fall into the former category, and while you may be a productive, valuable, decent member of society, you're no Digital-Fucking-Sea. So while it may suck that thousands of other people are cheating the system and abusing the H1-B's, and you don't get to, it's kind of working as intended.

How about the H-1B employer petition form includes a check box:

"Upon penalty of perjury, and imprisonment of no less than 5 years, I certify that this petition is for a highly skilled worker"

You'd think it would be enforced just as much as it is on the other end of the wage scale. La migra raids the meatpacking plant only when the illegals threaten to organize or when the owner fell out of favour with a local dignitary.

Simple solution: Unlimited visas for people being paid $125,000 or more (adjust for inflation over time), and people on such visas pay 2% extra income tax. That 2% goes to funding whatever department is looking into visa fraud.

Companies that are trying to fill low-wage jobs won't have access to these visas. Companies attempting to abuse the system have a well-funded group of people trying to find them and stop them.

There's also an incentive for people with such visas to work hard to try to get a green card, and eventually become citizens, to get rid of the 2% tax hike.

In other words, bias the process to the needs of Silicon Valley. SV gets all the great foreign engineers and screws over all of us in the Midwest, where $125,000/year in base salary is nearing executive-level compensation at many companies.

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