H-1B Crackdown: Companies Must Prove Work Exists for Visa Holders

Companies seeking H-1B visas for foreign-born workers must now prove there will be work for them for the entire duration of their stay stateside.

The U.S. Citizenship and Immigration Services (USCIS) has reportedly begun asking companies about the type of work H-1B visa recipients will be doing, right down to vendor agreements and a list of projects a visa holder is expected to work on. These particular requests for evidence (RFEs) are leading the government to deny companies the standard three-year green-light for H-1B visas, instead limiting some visas to a two-year term.

Jennifer Minear of McCandlish Holton tells Bloomberg that RFEs “have become really standard with third-party placement situations and staffing companies,” which she calls “ridiculous enough,” adding: “How can any of us guarantee we’ll be doing work three years from now?”

Robert Cohen of Porter Wright Morris & Arthur says RFEs are “a waste of time and money and effort,” noting: “We still have a lot of cases pending that we haven’t received anything on.”

“One has to believe that they’re just issuing RFEs for the sake of RFEs,” Cohen adds.

This comes amidst another setback for H-1B visa hopefuls. A federal court judge has dismissed a lawsuit from Usha Sagarwala, who claimed the USCIS wrongfully denied her an H-1B visa because she couldn’t demonstrate that she had a “specialty occupation” to qualify for the visa. She first obtained her H-1B in 2012, but recently wanted to switch jobs; she was hoping to pivot to a QA analyst position with HSK Technologies, an outsourcing firm that would place her with Anthem, Inc.

The job posting noted that a degree was needed, and Sagarwala doesn’t hold one. HSK tried to backtrack, and note the degree was desired (not a requirement), but it didn’t work.

That was just the latest incident in a much broader back-and-forth tussle. In addition to limiting the duration for H-1B visas based on the amount and type of work visa holders will be doing, the number of rejections is also up. Companies and outsourcing agencies are issuing big perks packages for H-1B visa holders, but the government has gone after the H-4 EAD, which allows spouses of H-1B visa recipients to work.

RFEs are a bit trickier than we may think. Should a company be forced to ‘out’ internal projects for a new hire? Opponents of the H-1B program may consider it the cost of hiring foreign talent; proponents might argue that the government shouldn’t leverage sensitive project information to approve visas. Bloomberg notes attorneys are responding to the RFEs for specific projects by saying they don’t apply to in-house work, because in-house employees might not be working on specific projects all the time. Rather, this requirement for assignments seems to be targeting outsourcing firms.

130 Responses to “H-1B Crackdown: Companies Must Prove Work Exists for Visa Holders”

  1. Maha Guru

    Immigration attorneys call the requirement “ridiculous enough” !!! Sigh!! As Ron Hira commented (which is not included here as expected), expecting an H-1B to have related work for which it was awarded is like the basic spirit behind the visa…. Over the years, the system has been so badly misused by immigration attorneys, rich greedy tech and H-1B applicants, even such a requirement is being called ridiculous! No wonder, everyone views this whole H-1B system as a scam created by rich greedy tech with able help from politicians of both parties. Nobody even believes anymore in the “STEM crisis” – baloney is what it is!

    • Not H1-B

      How many local employees have you let go to outsource with H1-B
      Because they are cheaper gas the cost of your product lowered. I take it not do your just another greedy company

  2. The H1b & L1 programs are a scam! Immigration law firms, business lobbies, politicians and US companies have distorted and twisted it to displace American tech professionals for cheap labor. Indian tech firms have been all over it for 20+ years massively taking advantage of it all laughing all the way to the bank.

    When can we put a halt to these programs and put Americans back to work??

    If US companies want to save money, how about cutting pay in the corporate suite??!! Now that’s a real head scratcher!!

    • IT worker

      It is costing the Corporations/Companies the same amt of money. They just do not realize. The H1B gets a low paying job , the rest of the monies go to Indian Recruiting companies. Just like they do in India.

      This kind of brokerages existed in india for 100 of yrs. Indian recruiters are bringing this concept to US. Indian recruiters are comfortable working with H1B and not US workers because of a fear of being reported to authorities for doing illegal hiring and recruiting in US

    • But it does make a difference. You’re living in an bubble of some kind. I’ve been in tech 30 years, starting in college. I’m currently a tech writer. My last role was for a very big company (400,000) employees. The staff my five year project was nearly 3/4 Indian with husbands and wives also living locally. Despite my years of experience, I cannot find a job close to home or remote anywhere near my salary range. I worked a contract for an IBM satellite company that was run by Indian executives. My two supervisors were here in visas, both owned homes, and both had spouses and family living with them. Right before Christmas they cut my contract short to hire an Indian technical writer. A recent interview I had, with a fairly big company, was with an Indian woman who I could not understand due to her thick accent, she gave me a “pop” quiz which I think I failed, since I wasn’t clear about what I was being asked. Either way, I wasn’t hired. The HR recruiter who was American did nothing to ensure that the head was of his “communications” team
      could indeed communicate well. She know what an API was but did not speak clear English. I’m not xenophobic. I’m not even a republican. What I am is a female, American tech worker with an amazing amount of experience in my specific field who has been out of work for close to a year. Sadly, many managers want sycophants; they don’t want to be challenged or hire someone whose experience they are threatened by. In my experience, HB1 holders are total boss ass kissers, are cheaper to employ, and easy to get rid of if they get too threatening, they also willingly sabotage American workers for multiple reasons. At the behest of their American bosses and to create a job opening for one of their friends/ family to fill. This is what I’ve seen working for big, greedy tech companies. Maybe you should get out more.

      • John Rotten

        Agree 100%. I was in the exact situation last year. It took 30 years but it’s now virtually impossible to break in as a white middle age tech professional. Non US managers want to hire friends and relatives and HR is worthless and does nothing to establish fairness.

      • Richard

        Yup. Agree on the butt-kissing. I learned that there are two things a typical H1B visa ERP Technical contractor will NEVER tell a manager:
        1) I have never done that before and I do not know how
        2) What you are asking is a terrible idea because it breaks the software and will be really difficult to maintain. This is either because they have so little experience to know or just do not want to seem unwilling.

        What you end up with is a poorly designed solution either because 1) it was their 1st time or 2) because it never should have happened. At the other end of the scale I see overly elegant solutions that are equally difficult to maintain.

        Managers don’t seem to mind because the hourly rate is cheap enough that the contractors can do it twice and still be cheaper than experienced citizen labor. This is especially true with offshore work.

        Onshore H1B Visa labor, with higher rates than offshore, still make it a value proposition. Their H1B employers required them to work as many hours as it takes to get the work done, like 70-90 a week, but can only bill 40 hours. And they do it because there are 1,000’s waiting in India to take there place if they don’t want to.

        It’s messed up.

        • Won't be a moment too soon

          Yep, all true – the rabid butt-kissing, interviews after which I know I won’t be hired if with an H1-B, more like 90% H1-B staff in the Fortune 100s where I tend to work, the lack of experience, the reverse-discrimination and difficulty of finding a job as an American in America, the growing family masses, not to mention a workplace where the contracting manager happened to ask for our late time sheets: 40 hours were listed next to my name, while everyone else were automatically charged 80 hours regardless of actual hours. Yesterday, the manager invited the team to lunch and they were gone for hours…without inviting me (the one American on the team)…go figure. I feel for American college graduates who can’t reasonably find an IT job. Time for change.

      • Yet if you tell this story to most California and NY liberals, they’ll call you a racist, a xenophobe, or whatever box they need to put you in to avoid thinking they might be wrong about the way they look at things. They think America should have open borders and allow unlimited number of foreign nationals who want to come here, because after all, America has no culture and American citizens have no more right to anything here than other humans and too bad for you if you can’t make it amidst the oversupply of labor they create. It’s you’re fault, and you don’t matter because you’re probably a racist anyway. That’s their mantra. HRC had no intention on slowing HB1-visa immigration down, quite the opposite. I never thought I would agree with anything he did, but Trump has done some things to help American citizens’ employment opportunities.

      • Johnny D (Arizona)

        Amen to the ass-kissing comment their inability to speak English clearly. One thing is for sure if the job you are going after can be viewed as a threat to any H1B Visa holder. You can kiss that position goodbye because you are not going to be granted the job even if you are the best qualified, period end of discussion. I can vouch for that statement as recent as a week ago when I was being interviewed for a Programmer/Analyst position. There were three people from this outfit that was supposedly in Florida. Personally I think it was located somewhere in India, but that tis food for another day. The teleconference was supposed to be technical in nature pertaining to the IBM I-Series. I was given the go ahead by describing my level of expertise which I did enumerating several scenarios. In those scenarios I explained the nature of the issue at hand, how it was approached, how it was resolved and how it was followed up with the user. I tried to shine the brightest light on my expertise. Well I guess the light was to blinding for these three people. They could not formulate one question regarding what I did or how it was done. Now is their time to ask me technical questions. Instead one or two of them wanted to know how I did a Language validation at one of the accounts listed on my resume. I found that to be odd, but answered the question without disclosing my client’s specific methodology. I did notice that the questions they were asking were more in the level of a junior programmer or coming from individuals with no experience whatsoever on the hardware or software. The interview was completed and based on how everything was done, I told my headhunter that I had aced it. I commented on the fact that no technical questions were asked. Well wouldn’t you know it. When they provided the headhunter with feedback they painted me as a total incompetent individual that did not know any of their questions. I was livid but because I had already talked to the headhunter, describing how things developed. It was clear to him that they were threatened by my expertise and felt that my addition to their group was going to displace one or all of them. So their response was to blackball me.

      • You are damn right. H1B must be stopped to protect American citizens jobs. Many immigrants says that “ Americans are lazy”. It’s not true. Maybe for some isolated ones. It’s the big corporation that’s trying to hire cheap workers. One of The biggest company that’s abusing the system is Intel Corp. They would open a small research and development or phony company in every country and hire local professionals then they would secure them an L1 or H1B to import them to the USA for cheap foreign paid currency salary and provide them apartment and condos with free meals and car leasing. In return, they save tons of money monthly or annually against hiring local professionals. Another conduit for foreign workers here are school programs. Schools are collaborating with local companies for placement of foreign students. I knew a foreign student who graduated summa cum laude for studying part time. She did not even pass the licensure in her own country and barely graduated from college there. She’s given so much favors in order for her to get a placement for H1B. It’s all about greed by the schools, companies, and immigration law firms at the expense of local workers. It’s about time that Trump must change this bad practices by our local institutions. It’s actually driving higher tuitions for local students because universities and tech schools are making much more money from rich foreign students. It’s all about greedy cycles of getting more revenues by the school system and other participants in the scam for H1B and L1 visa.

    • Randi Knox

      I want to see how Boeing crawls out from this max mess they created with $8.00 per hour Indian “talent”. Criical software written by 20 year old cheap Indian labor. I question their college accreditation. Sacrificing quality for shareholder value. Boeing outsourced its reputation to India. No EEO.

      • Do you know who Boeing hired as contractor for major software that runs the 737 Max over head display that interacts with control software? Guess who are those workers that Boeing recommended to be fired? They fired from top managers to bottom assembly workers but guess who they hired after? Cheap labor means cheap product quality and safety standards.

  3. Simon G.

    85k visas per year cannot make a sizable difference in the US workforce. Have you ever met a US hightech professional who is out of work? I have not. In Silicon Valey there is a shortage of qualified engineers, yet, the Breirbarts are feeding you complete “baloney” about tech firms that bring foreigners on H1Bs to be trained by american workers so that their jobs can then be shipped overseas… the most ridiculous and unsustainable business model imaginable – yet you gulp it up, no questions asked, because Der Furher wants you to buy American, when America hasn’t produced much of what you can afford to purchase.

    • Simon G.

      What Americans do you want to put back to work? Don’t we have the highest employment ever recorded? Or is someone lying to his constituents? I love your socialist stance on telling business whom to hire and where to cut costs, but that’s hardly “conservative of you.”
      Also, how could immigration lawyers be working this “scam,” when there are almost as many of them as there are H-1Bs issued per year, which are available once a year for a month?

        • Simon G

          OMG, Trump administration has been lying to me, while using “lock’er’up’s” methods all along?! So, basically, what we have are millions of american SWEs ready and able to take those jobs, but greedy lawyers have been patching those voids up with 85k foreigners per year?! And it is I, who is a fool…

          • Srinath

            I have only had patchy employment for the last 3+ years, mainly because I will not go to some ridiculous city for absurdly low pay. Oh, yea I am a US citizen, and over 50, with a working wife and a school going child. Meanwhile I get calls for “open” positions with poor rates even for my home town let alone 1000’s of miles away in a far far more $$$$ location, like NYC for 80K for someone with 10+ yrs experience. In effect, the problem is companies don’t want to pay the going wages, these desi companies have committed to providing consultants for $ XX an hour and that’s all they have to offer, regardless of location or how the job market is. The positions sit unfilled because the end clients do not bother to hire on their own, because that means they need to pay a competitive wage, and run the risk of losing the employee when better offers show up. Its rigged to only have a H1 slave in that position. Plenty of unemployed Software engineers are available. or even ones that will gladly switch jobs if the job offers were competitive. I’ll go to NYC for 80K, and in a matter of weeks switch to someone offering 100, then 120, then 150 and so on, they would then complain about how they cant “find” employees. Lies, the problem is $, its always $. Especially when they claim its not $, its $.

          • Bill B.

            It would be interesting to know how many STEM degreed legal citizen white males are unemployed or under employed because of the H1b applicants that somehow take priority. When I complained about the agencies (which I no longer work with by choice) I have commonly been told I am paid more than my H1b coworkers. No wonder. The visa makes up the difference in the cost of the non-citizen STEM coworker.
            It also puts me first on the termination list by those employers who hire and I suspect are subsidized by the H1b lawyers and home countries under the table. What does the government do to equalize the White Male hiring practices? No affirmative action there.

          • Try ONE MILLION Indian tech workers since this started Simon. There are vast areas of the Bay Area, Dallas, and other major metropolitan areas that are majority Indian. Go to Yosemite in the summer, and you will see thousands of Indians because there are so many in the Bay Area now. And their hiring practices are racist and patently unfair. An Indian manager typically hires Indians over anyone else. I have visited Engineering labs in the Silicon Valley where EVERYONE in there was Indian and they were speaking in their native language, not English. Dude, shake your liberal bias that makes you blind to everything that doesn’t fit within your view of the way you want the world to be and look at the way it really is.

      • Maha Guru

        The amount of age discrimination is just crazy and that is largely the result of H-1B … I am over 50 and have seen this first hand. Of course, people like you will always blame the victim saying the older dont have the skills blah blah blah – one can always say skills are lacking if you list enough. It is not that the H-1B have those skills either! It is not about the skills, it is about using H-1B for low pay. The “STEM crisis” myth that people like you advertise (in close conjunction with rich greedy tech) has been torn asunder

        • I am late 40’s and was flat out told at a couple of interviews that I was too old for what they wanted. But when they didn’t know my age they thought I was just it for the jobs.

      • Srinath

        True, to that add Bank of America, wells fargo, charter, ally etc. They only hire “temps” through outsourcing agencies. They then complain when the temp leaves – d-uh, its called being a temp. That’s the whole idea.

    • Crack Monkey

      You really don’t know what you are talking about do you. 10’s of thousands of Americans have lost their jobs to foreign workers who have driver rates done so much that it doesn’t make sense for most people to continue in STEM fields. Either they won’t make much money or they won’t be able to find a job. And it is a LIE claiming the there is a shortage of qualified engineers. There is a shortage of descent paying jobs is the actual problem and sure there are not enough qualified engineers because the greedy tech companies have pushed all the highly qualified workers out onto the streets. I guess you never heard the store of IBM and the class action suit against them for for firing everyone over 40 years old. IBM has not hid the fact that they are getting rid of qualified workers in exchange for cheap foreign workers.

    • 85k per year – cumulative is a lot. It adds up.
      Then there are RENEWALS which are not counted. Then there are the OPT visas. Then there are the H4 EADs which need to stop immediately – there is NO DEMONSTRATED LABOR NEED AT ALL for H4 EAD.
      Then there are the H1b VISA overstays.
      Then, too, the L1 and B1 visas – guess what the limits are for those!
      Not to forget the ones who apply for a green card – they end up staying for many years more.
      These are so abused. The last reported audit of B1 visas used by Infosys showed they were all “improperly” used over a 7 year period.
      Frankly, I think any audit of H1b visas would be suppressed by the government because we would all come marching on Congress – it would be that bad.
      During the Obama administration the archive limits were not expanded and needed records to use for evaluating the use and usefulness of these visas started being disposed of – will we ever get a decent accounting.
      There are TOO MANY ABUSES – this needs to stop.

      • Interesting that you mentioned InfoSys. The company I worked for, you guessed it, recently partnered with them… to replace a majority of our internal IT staff. Mass layoff because people were not needed anymore and some had to stay longer so they could train their replacements.

        It’s the companies right in a free market to do this, but in past experiences the quality of the product/system always drops. I guess the difference is that they are willing to work 80+ hours for those low wages because they have others in their home country willing to do the same, whereas I am not. Just like I’m not willing to commute to the large cities (e.g. detroit) in tons of traffic for 40K/year.

    • Yes, Simon #3. I have met IT people out of work. Ask the unemployment office if you question it further. I’ll add that I’ve seen MANY large corps get rid of their staff (one just recently in Westchester NY). They replaced them with a bunch of people from India. The ones they could not get rid of, they promoted up to positions of insignificance with the hope that they will quit. The company they outsourced to is an American outsourcing company with a model that takes over the American jobs slowly. They lie to the staff telling them they will hire Americans and don’t (even when many apply), they say most of the work being performed is outside of the scope of the SOW and then create projects. They are calling it a project to free them to offshore the work in a stealthy manner. So the Indians can slowly understand and take it over. They do this because a CCIE, MCSE, etc. in the USA, are paid upward of $90.00 per hour, and a network engineer in India (snicker, often fake creds) is $20.00 per hour. Naturally, that is a lot of money in India because the economy is vastly different. As for the company that outsourced, I hope they don’t get tax breaks in Westchester county because they don’t deserve them.

      Bottom line, Americans are getting sick of being fleeced. This subject is in the papers in India daily. All of them. Here, barely a word. Why? Because the entire Indian economy is floating off what used to be American jobs and they know it. It is utmost on their minds that they could tank without the jobs they have managed to steal from us.

      STEM shortage is BS. Don’t forget; this is American technology. And it continues to stem (pun intended) from our innovation and freedom. I don’t see Americans charging the gates of India, China, or Russia aching to get in to be part of their economy and live and work in an oppressive cast system. Do you?

      One final comment is the INSECURITY of it all. I am not opposed to immigration logical manner where numbers and planning involved. I know some good people that should be offered opportunities to stay. BUT, the majority of these people don’t want to stay. They want to go home with the money. They will expose us in ways most people can’t imagine. And guess what? I am literally not willing to risk my ass for this outsourcing. Most Americans would not want to either. If they new the facts…NO MATTER Democrat, Republican or Independent they would not stand for it. And I question why 70% of the Visa’s are going to ONE country is also ridiculous. The lobbying in Washington has permitted it. Time to stop it.

    • Tina J Emam

      “In Silicon Valey there is a shortage of qualified engineers”

      A COMPLETE BALD FACED LIE spread by Silicon Valey (sic) companies who have a huge vested interest in bringing in cheap Indian Labor.

    • I don’t read right wing conspiracy sites.

      I’ve known plenty of out of work tech workers and most of them are over 45. It seems that as a worker approaches 40, companies start referring to them as ‘overqualified’ because the 30something managers are intimidated by a 40something subordinate.

      I get about 3-4 emails a day from recruiters who have no idea how old I am. Some of them are desperate for me to reply and I know I’d make it through the phone interview and get an inperson interview only to receive an email or phone call thanking me for my time but telling me that I’m overqualified and they went with someone else. Recruiters and their clients are always exited about my experience until they see me in person and realize I’m not 25.

      And should we talk about where some of these jobs are located? I’m in Seattle. These recruiters want me to move to Texas, Kansas, Illinois, New Jersey, Nevada, Utah etc for contract positions. These aren’t even FT jobs with a future. They’re crappy 6 month jobs and I’m supposed to pack up and move? I don’t think so. Aside from the instability of contract work, moving from an established residence is expensive and very few offer relocation costs and once the contract is up, there is no guarantee of renewal and you’re stuck in some terrible new location.

    • USWorker in High Tech, looking for work!

      85k is no big deal…85,000 Americans looking for work is no big deal?! I also get 10 calls a day from Indian recruiters who want me to work for $30/hr. when i normally make $100-$150/hr. and YES, i’m very qualified, these 20 year old Indians are NOT qualified. But we have this idea that all Indians are physics geniuses, they are not, yes they can be smart, nice, funny, etc. doesn’t mean they know anything about the job or have knowledge and experience!

    • Gabriel Stuart Lobo-Blanco

      Then let me introduce myself, I am Gabriel, a U.S. Citizen and I have been out of work for long periods of time during my professional career. The times were so long lasting that the three times I had to file for bankruptcy and almost lost my home. I have a bachelor’s degree in Computer Science as well as a Masters degree in the same discipline. I also have a degree in Chemistry. I am very proficient in many technologies such as Oracle, SQL Server, Sybase, Postgres, Java, Python, PHP, etc.

      I am completely against this H-1B program. However, I don’t know if this action is good for us. The reason is that instead of not hiring cheap foreign labor, companies might choose to let go of permanent employees while preserving the H-1B workers just so they don’t get in trouble with USCIS. I believe this could back fire on us really bad.

      • Let me introduce myself… Mechanical Engineer Grad, Design Engineering Grad, MCSE, CISCO certs, IBM certs, CISSP, and etc since mid to late 90’s, company downsized in 2009 and was laid off, been under employed since making less then 20 an hour. Last two jobs I interviewed for 1 told me that I should get a job anywhere with my white male privilege and the 2nd told me unless I grew boobs and a butt or a minority they were very sorry they couldn’t hire me. Both companies had articles in our local paper that said they are having a hard time hiring and was saying they don’t know what to do with all the employee shortage. What? Oh well they were only paying 24 an hour.

    • Sean T

      Sorry to disagree with you Simon,
      I am a US born, Programmer/Analyst for over 30 years and I’ve been unemployed for 10 months. In my entire career, I have never been unemployed until I was laid off last year in a merger. Now the jobs aren’t out there…

    • American products now are branded “ Made in America by foreign workers”. How is that? Today, made in China seems to be better than made in USA. Why Intel Corp Equipment are Over (maybe even higher) than 90% made outside America? Because American made products are assembled by foreign by? Japanese products are designed and manufactured by Japanese while American products are assembled either in foreign land or by foreign workers in America. It’s mostly about cheap labor and large profit margins.

  4. If US really wanted to protect US born citizens, they can do several things. In the current situation..H1B approval rating is 85%, L1 approval probably same % and no waiting time for L1 to green card which is really strange, free employment based green cards 140,000 per year, and now and trying to implement quick green cards for China and India. Basically this H1B approval duration for future work rule exists and implemented on small companies since long ago. I think it just came back to divert attention of the people on new law proposals to help other countries for quicker green cards.

  5. systemBuilder

    It’s pretty clear that Indian IT companies like TATA consultancy have been spamming the American labor market with cheap slaves who are chained up by the H-1B program. This makes USA educational loans also a form of slavery. This is a well-thought-out policy to end both types of slavery.

      • Please Stop whining those who claim that H1b are cheap labor replacing American jobs, there are many jobs that are not being close to be filled, I agree there are positions that are being replaced with low wages, please realize that you are not smart and you are being replaced by a more talented person willing to work for the same or low wage, for which you need to keep up to date with your skill set, the IT is so dynamic that the companies are adapting new technologies and if America cant produce the engineers they definitely looks for countries who has those talents, there is always some one replaces you or one who replaced you, by not necessary a foreign worker, most of the H1b & L1 visa work holders earn 6 digit figures, I wish the congress stop the program H1b & L1 completely and see how many IT companies will survive or the new startup companies will take place in USA, i believe majority of them will shift to offshore, or neighbor countries, that is why politicians are silent about it, and the reality is, congress is making use of H1b and L1 programs to improve economy, the worst truth is making the high skilled workers as modern world slaves, by not issuing permanent residence and utilizing there talent, I have seen many guys stuck here for decade waiting for green cards, while they have such potential and talent that they could startup their own company using there ideas, since waiting in queue for green card he cant switch to a new company, and even if he does the whole green card process restarts and takes two more years, he cant simply start his own company and his ideas are forced /steeled and patented by the company he is working for, these poor guys cant even return to their home country as the taxes are being collected during their stay/work in USA are not returned to them.

        • Bhargav

          If you think people graduating from elite universities here don’t have skills to take jobs, I guarantee you most Indians also don’t have those skills. The only advantage India has is that most Indians only take up engineering as their field of study and you might find good engineers here and there. I can guarantee you that only 20% of IT professionals from Wipro, TCS, Infosys are talented. I have friends who faked their engineering certificates just to get into the US universities and now work for consultancies and I also have friends who went to school with me in India and now work as Data Analysts at Capital One and Software Developers at Amazon and are FT employees there. Their interview process had 4 rounds with programming challenges and In-person scrutiny. So yea not every Indian IT professional here looking for H1b visa or one who is here on H1B visa is smart. Again I put that number at 20%.

          I am an Indian who works for a publishing company In Iowa. My company spent $250k on 2 local programmers and they couldn’t get shit done. And so here I am. So it really depends on the situation. If companies can’t find qualified American professionals in Seattle, SFO or DC, they are lying. Iowa, Nebraska maybe but not in states that have trillion dollar economies.

          Also, Wipro is mostly hiring graduates from US universities because they now realized people who went to US universities have more skills and easy to deploy than people who have to be trained in India on those skills. This proves that point they only bring in people from India to save money. Here is the link

          https://economictimes.indiatimes.com/tech/ites/why-wipro-prefers-to-hire-us-freshers/articleshow/70336020.cms

          https://dazeinfo.com/2019/07/23/wipro-job-openings-us-freshers/

        • “person willing to work for the same or low wage”
          H1 was never sold to the public as a program for employee indenture or wage cost saving.
          The farce they’re told is that there’s a “skills shortage”, while news since 1995 is the companies have their American workers train their foreign replacement before being laid off.
          And now there are hundreds of thousands, if not millions, of mighty PO’ed people.

          Considering India has offloaded their population around the planet, Modi needs to come up with some better plan for his population.

      • Srinath

        You can only leave for another H1 sponsoring employer, which are likely to pay you just at the lower limit of H1 minimum wages, in most cases H1’s can opt for a lower cost of living city, and that is their basic “move up”/Raise. Its slavery, with a new owner. Education loans should be paid for by each employer bringing in a H1, for 1 H1 an employer needs to pay say a 3yr share into a pool of $ for student loans incurred by STEM students. Should be something like say we have 100K STEM graduates have 2.5 Billion in outstanding loans paid over 25 yrs. So a 1yr per person share is $1000, a H1 approval means the employer would have to pay a 3 yr share of that, so 3K into the fund which would pay off outstanding STEM debt. Same with medical, same with any visa application. L1 etc etc.

      • Crack Monkey

        Ah the words of another Desi trying to protect his income. You are either a LIAR or a MORON or perhaps both. Tens of thousands of highly skilled Americans have lost their jobs to cheap unqualified foreign labor. Indian has 4 times the population of the US and half of them live in poverty but the Indian government would rather waste money sending robots to the Moon rather than care for it’s own people. The Indian population average IQ is well below the average IQ of the American population but then that’s what makes them good cheap fodder for the giant rich tech companies who just need bodies. So maybe you should stop whining and go back to India and start building toilets for the 1/2 of your population who has to crap in the streets.

        • Crack Monkey

          You are surprised? Not very bright are you? Of course American workers don’t like all the foreign workers because 99.999% of them have been brought to the US simply to replace American workers with cheap poorly skilled foreign labor.

    • Equality

      I am surprised how American workers hate workers from other countries. USCIS is just acting crazy. To save their back, they are issuing RFE in genuine cases. Even though the application is legitimate. This affects many deserving engineers and their families. Not every individual is taking away American job. It’s just an impression created by politicians. Companies are frustrated because of this insane H1B RFE which is highly unethical. Either scrap it completely or make it fair. Don’t play with the lives of hard working and honest people.

    • USWorker in High Tech, looking for work!

      And…did you know after attending college here in the U.S. on Student Visa they get an automatic 6 years to work here??which can then be renewed then eventually maybe apply for VISA/Greencard.
      And did you know a bill just passed the house to give India special status and to lift the current lowered % from that country, ??
      So, if you want to do something, find out how your House of Representatives voted, it already passed, so give them hell if they voted for it and then contact your senators and the President telling them not to pass it through the Senate!!

  6. Clintonomics

    We are at the average employment level from 1990 until 2000. this is the era when Clinton redefined it so that minorities and low-income people could be excluded in the official unemployment numbers as the so-called(new, fake) “discouraged workers”! Discouraged workers are neither employed nor unemployed so WTF that is bullshit! We are nowhere near an all-time high. The 1990 to 2000 period was when women finished entering the workforce. Only a fool believes everything they read in the news headlines without thinking for themselves! https://fred.stlouisfed.org/series/LNS12300060

  7. Kyle Lyles

    I only hire American citizens, and the stories I hear from my employees about the scamming going on is incredible! Look at wages since H1B (and now it’s larger, evil twin the OPT) flat!
    There is no shortage of workers when there is cheap labor from third world countries.
    Get rid of OPT and H1B and wages would have risen, more Americans would have been interested in studying Comp Sci and things would be better overall.

    But heck, I benefit because I pay well and get the best of the best who happen to be Americans!

    • Srinath

      You haven’t heard the 1/2 of it. When I was interviewing and trying to screen people for one of those Indian outfits, they told me its a lot better to get an American worker these days they are a lot less trouble. I being the smart ass added in, and they don’t know about us or our history. In a way, they’re effectively saying americans are easier to dupe. Or atleast hide the history with.

  8. Edgar mejia

    they should just set shop in india and hire them down there. so they just pay them in rupees for just pennies on the dollar. but like others say it is just a scam so the indian outsourcing IT companies can milk millions of dollars out of the system. we have millions of teenagers graduating from high school hungry to work for these companies. all of them are computer savvy and they are even smarter than those foreigners. some indians buy fake diplomas it has been proven.

    • Bhargav

      You’re right about some Indians buying fake Diplomas but you’re wrong about most high schoolers being tech savvy. Most high schoolers here either want their mom’s Netflix password so they could Binge watch Riverdale at their weekly Pajama parties or dance to Old Town Road and film it for TikTok

  9. …..which she calls “ridiculous enough,” adding: “How can any of us guarantee we’ll be doing work three years from now?”….

    Isn’t the intent of H1 employee is to have employment available and to temporarily fill the role. It’s not a blanket 3 year permit to stay in US and then do the job search using consulting agencies.

  10. as an indain immigrant turned US Citizen,

    i recognized a few layers of the problem, but iam sure that there is more to it

    1.H1b is double edged sword, the reason american companies are on top of the world is both cause really smart people coming from of shore working with really smart people here to make wonderful things that everyone buys

    but the average joe here, gets a bit screwed over, corporate speak l2 and l1 positions are lesser now, more firms wants a few senior guys to man everything and keep things going

    2. DESI Consultancy and flooding the market with fake resumes and fake people with zero exp college graduates, these guys have almost no corporate exp and generally not knowledgeable.

    iam looking at all the TELUGU Consultancy’s.
    they should be send to prison. no questions asked

    this is over al reducing wages as they consultants are sold as 10 yr exp guys who come onboard for penuts cause in reality he has very little exp.

    Best thing ICE can do is ramp up Exp check for all the candidates. Be brutal about, this makes sure that true quality people stay.
    (Personnel note: these guys tend be the least exposed in the whole village vs world mentality- Meaning a lot of the cultural baggage like Casteism and dowry gets carried over and gets directly funded, meaning bad habits gets rewarded)

    3. Consulting jobs needs to change its laws-currently, if a company hires a Man power provider firm like Collabera. and pays 100 an hour to them. then the collabera eats what ever they want to eat and then gives the remaming to the guy thats actually doing the work.

    this is basically a DUM HR that sits simply eating a never ending finders free.
    if there is a law that lets say min 85 percent of wages must go to the actual guy. then the staff gets paid better, over all working man condition gets better and number of unnecessary layers decrease, boosting company and worker profitability,

    a lot of these Indian companies like TCS and INFO SYS, and desi companies (looking at Telugu consultancies again). Only do middle management and just HR people being smart and adding a layer.

    • Using generic words may help public to understand. Most retailers or small companies have their country people legal or illegal work, pay cash. No tax payers, get medical and other benefits. and now it is in Computers. US needs only US Born citizens to be in all government positions including schools to help US System not comprised to corruption evil which practiced in most countries. Everyone from abroad is extraordinary, probably take back US Citizenship and give back their actual Country Citizenship will help them to serve their countries again.

  11. BanOutsourcing

    H4 EAD and H1B is cheap labor. Just ban Outsourcing and end the H1B program … there are over million IT US Citizens available to work. Where do you think top universities like MIT, Caltech, USC, Yale, UCLA, Stanford, UC Berkeley comp sc graduates go ? Just look at the 4 Silicon valley Tech Corps that soon gng to facing the lawsuri. Outsourcing companies are sitting inside these companies desk and chairs. TCS, Infosys , HCL Tech , Wipro, Tech Mahindra, L T Infotech etc these are sweat shops which are 100 % responsible taking away US jobs to Bangalore, Hyderabad, Noida, Pune, Mumbai. Yes Mr Modi must be having laugh as he claims he created employment in India at cost of US Citizens. Trump is the ONLY president that highlighted this collude happening between US corporations and Indian Outsourcing Body Shops. 4 more YEARS !!!

  12. Let me explain this to the uniformed this way. Recently, I received the best of telephone calls, an offer for a promotion by the senior manager of a team that I had supported and with which I had loved working. I said, “YES!” We made arrangements to lease our home and started packing. Then the call came from my corporate legal department. Our move to Canada for the most amazing opportunity of a career was not to be. My company had to submit the request for an American worker to be positioned in its Canadian office and was requested to complete a detailed description of the job responsibilities, my background, and the reason to bring a ‘foreign’ worker into Canada. It was all very businesslike. The bottom line was this, “Can a Canadian worker with reasonable training do this job?” My new manager responded that this was possible but she wanted me particularly because of my track record and great rapport over the years with her team. The final decision was that a Canadian worker should not be ‘displaced’ by ‘importing labor’ from the United States. I was devastated, but now am proud of the Government of Canada that it protects its workers in this way. I have read of the increasing influx of “H1B” workers into Canada, but can only speak of the facts of my recent experience.

    • Years ago I was looking into what it would take to work in London and their work visa requirements are similar. While I work in tech, my skillset is not so unique that another analyst in London couldn’t do my job so I didn’t apply.

      I wish the US would apply the same screening.

    • USWorker in High Tech, looking for work!

      It is already that way in the U.S. The Visa’s still have to be for jobs that is specialized and they can’t find an American. But this is how they do it,
      They call me, an American, and say we have this job, no travel expenses,and its $30/hr.
      I laugh and say hell no, they say, “we can’t find American workers!”

    • Not the same process for a Canadian or Mexican worker to come to the US on a TN visa.
      Canada recently axed Software Engineering from their list of professions as “shortage” for immigration. Singapore, Australia cut back, so Modi pressed Japan. Japanese municipalities are now complaining, (paraphrased), “WTH! No one talked to us! We’re we supposed to get the funds for Japanese language classes for them? And their kids? And…”

  13. IT Guy

    The H1-B can be easily fixed by doubling the minimum compensation from $60K to $120K. That way companies can still get the talent they claim they can’t find, while preventing them from using it as a cost-saving program.

  14. From my experience, outsourcing is the biggest job killer. The amount of jobs going to India and Philippines is insane. With H1B’s at least you can compete for the same job. When a job gets outsourced, there is no way they are bringing it back.

    • ” With H1B’s at least you can compete for the same job.”
      Are you kidding?!?
      Best case, an American in asked in for a token interview. A waste of their time and money. Are they passing on equivalent? No. Ex-H1/now American called to complain her company had her interview a MIT grad (who came from 2 states over) as a token interview, and said he was vastly more qualified than her H1 employee.
      Did you know for every H1 with a pending employment based GC application pending, the company is by law required to advertise the job in 3 locations? And there is not corresponding requirement to interview, let alone hire, qualified citizen applicants.

      These bogus ads produce “Oh look at all the unfilled tech jobs!”
      – wasting tons of effort applying for those
      – wastes tons of money “reskilling” by the un/under employed tech
      – wastes thousands by full time US college students who have a 50/50 chance of getting a job in tech. Yes, 50% of US new tech grads cannot find a job in tech.
      – raises college costs as foreign students flood in using US college as entry for US job market at OPT and CPT workers.

  15. FedUpFifties

    The outsourcing companies know full well that the H-1B was never intended for third-party placement firms. Jennifer Minear of McCandlish Holton can’t guarantee what an employer will want immediately, let alone in two years; an employer can. The entire idea of the H-1B is that *if there is an actual position that cannot be filled by an American citizen or permanent resident*, then a company may apply to bring in a foreigner. The H-1B was not intended for agencies to create pools of people that companies can grab without making a serious search for US citizens or permanent residents.

    This entire problem would be solved if USCIS set up a nationwide job posting website that anyone could use, but which companies who are potential H-1B seekers must use. Companies would document applicants for three months – and the reason for rejections – for at least three months. Compensation advertised must be at the going rate or above. After three months, they could apply for an H-1B; the compensation, work, and education details can not change; and documentation for the H-1B applicants must also be documented so that USCIS can quickly tell if a violation had occurred. The site would be free for initial postings, and paid for by extra charges on H-1B applications.

  16. Babyboome

    The workaround is Canadian companies with US company strongholds hire from India and farm talent from staffing companies based in US to take your 6 digit jobs down to 5 digit jobs.

    • Martin B Serkin

      Please go to Faxon Common is Quincy and see the Hugh number of H1-Bs doing Software in the Boston Area. There are many programmers living in the area looking for work but the H1-B people work for much less. How come these people got H1-B when there a American Citizens looking for work?

  17. We’ve watched for years wages stagnate and WORSE dramatically DROP exclusively tied to the importation of labor. The MOMENT the Fed FINALLY started cracking down what happened? The market reacted AS DESIGNED: The labor pool thinned to better levels, demand increased and wages dramatically rose and the market took off.

    ONLY LOONS think importing labor is beneficial to our economy. ALL evidence has PROVEN this thought process ignorant

  18. Uzitiger

    It’s about time. When I was unemployed in 1996, I saw that one company was requesting a visa for someone from England to come and work in Michigan. I complained to the Michigan unemployment office that I was qualified for the position and this is discriminating against an American citizen. My complaints were to no avail. The British owned company wanted one of their own even though they had local talent and one who was out of work.
    I’m glad this is being cleaned up.

  19. When I interview people, I can’t ask them their visa status. I have to believe whatever bullshit they put in their resume. The lies the students on OPT status put on their resume is just astounding. How can they have continuous experience when they are in college? Some told me that employers aka consulting companies ask them to lie. The companies don’t care to take action because of threat of lawsuits. It is better for them to reject candidates and stay quiet. More than H1Bs, OPTs are a bigger issue. It is time to contain both H1B and OPT programs.

  20. smarterthanadesi

    Everything people have said about the H1B problems is true. EVERYTHING.

    -Lies on the resume: yes, I’ve verified during an interview by asking how they should do something an entry level should know, a 10yr “experienced” H1B had no clue; and not just one but dozens of these “qualified” people

    -Work experience: when I tell you “No, I am not applying your changes to a Production system until you verify it has passed QA”, that doesn’t mean, go down the hallway and talk to someone else to see if they’ll let you apply the changes (yeah, we know your cheating methods). do you think we’re stupid or something? if you think you’re God’s gift to programming, go back to your country that is NOT-leading in tech and commerce, build a better mousetrap, and work there but you WILL NOT screw up our systems that have led us to be successful

    -Low H1B salaries: I’ve carpooled with Indian immigrants who applied for US citizenship, had H1Bs; I asked them about TCS aka Tata, THEY started ripping THEM for depressing wages via H1B

    -Outsourcing: I worked tech for a DIY home improvement company (1800+ stores, 300k employees) who got tax abatements for opening up a center and creating jobs, then they outsourced to India two years later (plenty of unemployed tech people in the middle of the dot-bomb employment crisis!); the support was so bad that the store directors all revolted and demanded at the next annual directors meeting that corporate bring it back to this country or face the consequences. jobs were back within 18 months

    what a lot of people don’t understand is that America is extremely liberal compared to other countries. I’ve traveled and I know. here are some generalities that can easily be verified:
    -property: anyone can own property in this country and be treated no differently than a US citizen, in other countries there are restrictions (Americans can’t “own” property in Mexico, in Bermuda only the top 10% of most expensive properties are available for purchase by foreigners, Non-Canadian citizens and non-permanent residents of Canada buying a property in the Toronto region must pay a 15% tax on closing aka Speculation Fee, etc)
    -jobs: as others pointed out here, it’s tough to get a job in another country like Canada or England unless there is a PROVABLE need for you; in the US …..well, we all know the issues with H1B …… corollary: why the hell does an H1B spouse need to work? let her stay at home keeping the homefires lit. isn’t he eventually going home?
    -travel: we don’t need no stinkin’ papers/internal passports to move around our country (the Border Patrol checkpoints are a different issue, may they roast in hell), we have the right of free travel without needing permission

    I’ve worked with, and currently work with, people from different countries. I’ve lived in different countries growing up and as an adult, my wife is a foreign national who lived in the US and naturalized before we married. Anyone trying to call me racist or protectionist is an idiot. The fact remains that H1B has been abused to the profit of certain companies and countries. I didn’t vote for Drumpf but am glad someone is FINALLY clamping down on it. It was never intended to be the ticket to the good life, it was to “…fill a position with a person with such qualifications you couldn’t find in the United States”.If you don’t like it, then lump it.
    The US has always been generous to other countries, even in victory. Look what we did for Japan after WWII, the Berlin Airlift, and years later, the H1B visa program for all countries. Japan
    (ref *1) and Berlin (ref *2) were actually grateful for what we did for them, the H1B participants don’t ever seem to do anything but complain how the system is not fair for them. And yet, they take the money, and go back to their countries as rich as Bill Gates compared to their fellow countrymen, but then do nothing to make their country any better. They think sympathy is a word to be found in the dictionary somewhere between shit and syphilis and kept in the same viewpoint. They’ll get none from me.

    *1 – https://www.thc.texas.gov/blog/japanese-garden-peace-rededicated-national-museum-pacific-war
    https://www.thc.texas.gov/public/upload/images/photo-gallery/NMPW_JapanesePeaceGarden_2.jpg

    Muneko Hosaka (great-granddaughter of Admiral Togo): “…the garden, which was a gift from the people of Japan to the people of America in honor of the friendship between Fleet Admiral Chester W. Nimitz and Admiral Heihachiro Togo. We appreciate and respect Admiral Nimitz who cared for the Japanese people so much.”

    *2 – https://www.voanews.com/europe/candy-bomber-what-berlin-airlift-teaches-us-today

  21. Marcelo Martins

    While TRUMPATICS are blind-sighted by His chants to send Hispanics back to their southern countries presumably for stealing Americans’ farming and cleaning jobs that no American citizen wants because it pays minimum wage and it requires long and hard-working hours, we have H-1B workers stealing HIGH PAYING jobs that Americans are not qualified for! STUPID!

    To fix this it will take at least a generation to create an educational system that generates a workforce that understands and values the use of empirical scientific studies and analysis.

    Although regretable, you can’t really blame H-1B holders to fill a market need!

  22. Danielle Hewitt

    I have been doing Human Resources and Payroll at a small tech firm for 6+ years. We hire Indian-born H1B holders CONSTANTLY, which I object to vehemently (mostly because I am sick to death of responding to the RFEs!) but also because I am morally opposed to the motivation behind this practice.

    I am positive that our recruiters don’t even entertain American applicants, and bypass each of those resumes to get the cheaper, more easily-manipulated H1B applicants.

    Strangely, when I brought this up to a colleague who has supported the Trump Administration from the beginning, he defended the practice stating that, regardless of the exorbitant legal fees being paid, it is better for the company to be able to hire people at lower wages who will be more compliant, because American workers require higher salaries and tend to speak up when something is obviously wrong.

    That response infuriated me, but it is absolute true. The two Indian owners of the company I work for prefer people who will 1) take a lower salary, 2) kiss all kinds of ass to maintain their visa, and 3) share in the alienating and inappropriate communication practices of the company’s management team (all Indian, of course).

    So, straight from the mouth of a tech company HR manager:
    The H1B program is absolute crap!

    Also, as it apparently matters: I am definitely not a Trump supporter, but I do believe this country badly needs immigration reform, and that US citizens should get the first shot at US jobs, before we outsource anything to anywhere (tech pros from India or whatever else).

    Age and race discrimination in the tech industry is a very real issue, and something absolutely needs to be done about it! They can deny every last one of them, in my opinion. I am certain there is an American citizen who could fill every role, even if greedy ass executives need to pay them better and treat them with general respect.

    (This is the most Republican thing I have ever typed in my life….)

    • Mohsin

      Friends : there is another thing that many of you may not be aware. There are big kickbacks in hiring temp employees. As you know the bill rate is much higher than they pay the temp. The agencies bribe these managers ( this is not always but does happen)

    • You are a traitor to your country if you don’t support Trump. You are just another brain-washed lemming. He cares more about America then any President since Reagan.

      As for being a Democrat. The Democrat party is no longer. It’s been co-opted by radical anti-American globalist who are hell bent on destroying the Constitution. It’s devastating to watch what they, aided by the media, academia, Hollywood, and Silicon Valley, are doing to this country.

    • I worked in the IT for almost 30 years. We have same issue, well to me as a US citizen. It bewildered me why a US citizen gave opportunity to a foreigner over his own fellow citizen. Merely just so that his company or shareholders make more profit? None who brought these foreigners into the country ever thought about what happened when they started spreading and hiring only their own race. It is sad to see places where I worked now are running by the Indians from top to bottom.

    • Andrew Scott

      “…tend to speak up when something is obviously wrong.”
      That’s alarming. The number of IT projects that fail or go off the rails is huge. We’re still learning as an industry. I would have said that the worst thing you can do is not listen when people tell you something is wrong. Then I read this and realized that you can actively avoid hiring people who will tell you something is wrong.
      It’s mind-blowing. The ability to recognize something that’s wrong is the application of all of the skills companies think they want. The real-world value of a person’s skill decreases considerably if he or she doesn’t apply it by speaking up when they should.

  23. I have to say I’m shocked that there are so many comments on this article, but I guess I’m not really all that surprised. The hiring cycle in the US is completely off the rails, and the H1-B system is just one corrupt part of it.

    If this policy keeps up for another 4-5 years, I’d like to know more about changes in the so-called ‘worker shortage’, which if it wasn’t obvious I don’t believe exists.

  24. Corporates want H1B because they can use younger folks at lower salaries and get rid of the older workforce. So many lay-off last few years by well know silicon valley co. has changed the culture of that co. More H1B hire and fire US citizen is now new culture in these corporate.

    Last few of lay-off has created forced unemployment issue of people in 50’s and there are not even recorded in unemployment record. They are labelled as retiree or not looking for jobs by dept. of employment & commerce.

    I would say H1B should be converted to Project work Visa, once you finish the project exist out of the country and if you have another valid project come on new Project visa. and stop conversion of H1N to GC.

    These practice have been followed in Gulf countries and they have create viable pool of their own workforce that is soon replacing the reliance on foreign worker.

    We also need to create the atmosphere for our own graduates kids and build them into our future workforce or our millennium generations won’t be able to support the America Social Fabric.

    Corporate need to be shown carrot and stick to build our millennium workforce, Only shortage of skill be allowed on Project Visa. so we are not left behind in Technology.

    Corporate need to take the re-training burden of firing people in 50’s till they are gainfully employed in another Job, in form of Project Visa tax when they hire foreign worker.

  25. Alan Grimes

    Why does this site always root for the immigrants when there is an abundance of Americans who can’t secure work, build homes, start families, secure their genetic legacy, etc?

  26. Kipper

    I’m not going to dive to deep into this discussion, I would just like to express what I personally experienced over the past 3 years.

    Company is located in Atlanta GA.

    Two Years Ago:
    Network Team head count: 6 team members (US Citizens)
    Server Team head count: 7 team members (US Citizens)
    Security Team head count: 3 team members (US Citizens)

    Today:
    Network Team head count: 1 team members (US Citizens)
    Server Team head count: 1 team members (US Citizens)
    Security Team head count: 0 team members (US Citizens)

    Unless you’re in the fight on a daily, and actually SEE the trend, you have no clue !!!

  27. when you look at all the bad things in life -

    the divorce industry, the h1b industy, there are lawyers enriching theselves behind each and every case. let’s stop the lawyers before they stop us.

  28. Adrian Laws

    Let me just say I have a masters in Information systems and was USN from 1998-2006 this whole Indian thing is bad.

    When you neglect hard working American’s and hire Indian’s who do not know much more and for obvious reasons they have a great deal of problems such as asking the same question multiple times and cannot understand them, and most have a record back in India for some sort of crime.

    Why are they here?

    There should be a mass deportation and get rid of them and hire American’s not Indian’s since Indian’s do not bring much to the table besides a nuisance and crime.

  29. The so-called Chamber of Commerce is one big enemy of American workers. Time to cease the entire H1B and similar One World Government treachery against American workers.

  30. In Silicon Valley

    If you work in IT in SF Bay Area, it is very obvious that there are far too many H1B workers than needed. I am a US Citizen and have worked in the SF Bay Area in IT for 25 years. My experience of H1B workers is that the vast majority of them are not qualified for the jobs they are hired for. That isn’t to say I haven’t met really good H1B employees, but as a program, the H1B program is not doing what it is supposed to be doing.
    In just about every case when management removed/replaced an US Citizen with an H1B applicant, their performance was comparative downgrade. Their code would be shoddy, with lots of hard-coded strings, buggy, missing required features. In short, they would put out junk. But they would be kept around because they were far cheaper to keep around than an American. An American, because he/she would afraid of being let go for poor performance, worked more conscientiously, effectively, and quickly than the H1B worker by comparison.
    I’d also like to confirm the behavior of these H1B’ers that others have pointed out. The brown-nosing and regularly promising the Moon to their clients is just about laughable. Everything they do is about perception. They have to be perceived as trying hard and doing well. So when they fail, find someway to blame others. On the American if they can, but often on their fellow H1B’er.
    Degree inflation and grade inflation is just rampant. I am more confident with guys who applying for an H1B while they are on OPT, since they have graduated from a US school. Verifying the degrees of such people are easy. But if you graduated from some university, in a far off place, with shady credentials, with a difficult office to contact, with few who speak good English, what would you do if you were in HR? The manager (often from India, too) is pushing for this candidate to be hired. Their off-shore consulting company vouches for them. You’re strapped for time. What would you do? So, then, a lot of these come with unverified credentials. By the way, this is not me guessing this: I have had heard this from a lot of folks who I have worked with from India who are now US Citizens. They don’t believe most of what they hear either.
    Another problem that I have found is that most of the off-shore IT people and H1B on-shore people are moonlighting. The US is a cash-cow for them and they are milking the cow for everything they can get. What has been surprising is to have a guy in India who puts out shoddy work, but bring him States-side and he is an amazing worker. Why? because we have him sit in front of us and work only on our stuff. Send him back to India and he performance wanes steadily back down to shoddy. I have heard this from multiple guys that this is exactly what they do. Yes, they are “desperate” for money, so this makes the most sense. I have a friend who speaks Hindi, is a US Citizen, and works in a US company that has off-shored much of its IT work. The company routinely has him sit in on meetings as just a listener. Routinely, the company would discuss pending projects and the off-shore workers would discuss in Hindi and then respond in English. After the call, his friend would them share what he heard, which was most often along the lines: I need work on this other thing so tell the company that we experience these various roadblocks and we’ll get it to them next week. Yes, they are taking money from companies who are paying for dedicated workers, while not getting dedicated workers. Not only are they moonlighting there, they are moonlighting while here. There were guys who always showed up tired. Why? because they had a side gig where they were making a full US wage, without a middle man. And during those days, you guessed it, their work was shoddy. I used to work in a company with a contingent of H1B folks and off-shore consultants and I was desperately afraid that we would experience some failure that would reveal that I missed finding something shoddy that they did … and it would be MY fault.
    A side effect of hiring so many of these H1B workers is that their effect on company culture. One thing is just so very frustrating is how political things get. I work in a company where the IT department is about 40% Indian and that percentage has been growing. Because of the brown-nosing (why would you bite the hand that let’s you stay in the USA), you end up saying that the boss can do no wrong. The boss may be obviously wrong but you’re desperate to stay here and so you find all sorts of ways to blame others and not your boss. The Indian contingent in the department is basically forming a political bloc. Yes, there is always office politics, but in this case, there is one bloc that is rather unified and growing. So a boss who wants to build a political bloc in a group can do so, by hiring lots of H1B folks.
    I could write more on other things of why I think the H1B program is broken, but I’ll stop here. Overall, my experience is that you could probably get more done and would get better work with US Citizens. Yes, you’d pay more, but you’d be getting more than what you paid for. Yes, those H1B’ers from India would be cheaper in the short run, but they won’t be around when their junky work is revealed for what it is. The’ll be long gone and the sad sacks left behind will be quick to find others to blame.

  31. JohnnyB

    Look we are drowning in student loan debt…… there are no jobs…. and all the money is going to India? there is something messed up here. How do they scam you to get a college degree only to get you into massive debt then when you graduate they tell you here is a 15 an hr job. bc the good tech jobs were given to Muhammad? and no you can’t get rid of student debt. Im out here paying over my head while Muhammad and his 3 wives drive around in bmws. Their kids end up in the best US schools??? I live in a complex filled with Indians that work at American Express… ohh the irony “American Express” more like “India Express” and how do you compete? when every new Indian hire gets a full list of all the algorithms functions and quick know hows from the 200 Indians that came before him while I go in completely new with no advantage? how do you compete? do we care about the USA? or India? whats going on here? When they say immigrants are stealing the jobs they point to Mexicans but it’s really Indians and corporate greed the ones taking our jobs. PEOPLE WAKE UP!!!!!

    • Can’t understand this obnoxious “PEOPLE WAKE UP” business.
      Congress has been ignoring our complaints about this for 25 years.
      The international trade deals include trading West/Westernized countries’ jobs for Asian market access. With offshoring of work and onshoring of workers.

  32. News blackout on Hr 1044 (passed by voice vote) and SB 36(attempted same). Both parties selling us out. Call senators and tell them to kill this. Grants unlimited green cards to India. Will be the death of our careers.

  33. I have a very simple solution to the H1B, and other outsourcing issues. As these are intended for “difficult to find” LOCAL talent, then supply & demand should apply. SO, require all H1B & outsourced help to be paid 150% of the average wage for that occupation in that local.

  34. Adrian Laws

    I say get rid of all the H1B’s because especially the Indian’s have no talent they are just cheaper and we need to send them all of them back.

    If they do have talent and something a US citizen cannot provide then that can be re-evaluated at a later date after the mass deportation but Indian’s don’t belong in the US. They cause more problems then it is worth. Asking the same question over and over and over again and they don’t understand English properly. Also most of them have a criminal record for sexual assault back in Indian since India is well known for rape gangs. Once you bring a criminal element to the US it is not good. That is what occurred with Cubans back in the day when Castro was dumping all the prison population on is, same with Indian’s we need to keep our country safe from these type of people. I ran into a few of them working at Microsoft, Amazon, and etc that attempted to try to lick some girls feet and drug her.

  35. Alexander William

    Corporate America is using the H1B Visa to destroy the livelihood of the American Citizen technology worker while at the same time destroying the field for future generations. I would not advise anyone domestic to enter the Information Technology field because I have seen countless examples of less qualified Indian H1B workers replace very competent, experienced IT workers. I’ve seen likely 100’s of IT workers laid off only to be replaced after some time with an H1B contractor and I may be next. In my situation, the company is exposing itself to enormous risk with the outsourcing model of support. There is only so much that can be covered in a “knowledgebase article” or “knowledge share” session. It takes years of experience on an application to understand it well and be positioned to address any issues that may arise. Our politicians ask for our money but allow us to be abused by corporations. NO ONE has the back of the American Citizen Information Technology worker.