Comments on: Tech companies win small victory in H-1B push

New rule says select foreigners enrolled in training programs won't be forced to return home as soon, which may give them a better shot at obtaining visas to stay in the U.S.

[burun_dawg]

The H1B disaster and OPT

The recent extension of OPT period for U.S. Masters and PhD holders is only going to deepen the H1 disaster and is designed to harass the foreign students as well as their employers. I have recently graduated with a PhD and received two lucrative offers - one of which I (unfortunately) accepted... and duly became entangled in the H1B circus. My company filed me for the advanced degree quota (20,000) and I have been following the news, views and developments since then. Last year the advanced degree cap expired in April and it was virtually sure that this year it will do so within the first week. This meant that a large number of graduates would seek employment outside the U.S. creating what NSF calls a "competitive disadvantage" for the U.S.
It appears that the OPT extension has been passed to address this situation. However this token attempt to retain the so called "highly skilled labor" is naive, inconvenient for everybody and quite simply is going to lead to more disaster! Evidently this was passed out of desperation - not taking the consequences in account - and if indeed the U.S. wants to maintain its "competitive advantage" why not get rid of the cap on advanced degree altogether? For example there has been already 32,000 petitions filed for the 20,000 quota - this ensures that there will be a count of 12,000 "extra garbage" for next year's lottery; and year after year this garbage will be accumulated and very soon it will spiral out of control just like the general quota pool of 65000. This is what will happen - the 65000 and 20,000 are arbitrary numbers and dont reflect the realistic situation. My employers for example told me that it is very difficult to get a PhD with good credentials in my field; and an American student specializing in these areas is even more rare. For any U.S employer a good American candidate in this kind of a job is an automatic choice (believe it or not) because he will be saved from the H1 and OPT trouble and retain the employee for a long time. Also the new OPT rule is going to add to the complexity which is why the companies (including mine) have not decided whether to participate in it - and I find it quite illogical to paticipate in such a hoax. This is going to create a huge number of floating candidates and very soon will spiral out of control making it difficult for graduating students to enter a job (in the U.S). The 1 year OPT period originally was meant as a buffer for students to find a job and get out of academic life and it should remain so. I have read lots of comments about H1 cheap labor and I think a lot of it is true. But none of those claims apply for U.S degree holders since a student graduating out of an American university is more likely to find a meaningful job and actually contribute to the "hi-tech" world rather than be a slave labor. The OPT rule for one makes sure that it becomes more difficult and humiliating for foreign students to stay in this country - it creates unnecessary problems for everybody starting from the student to the employers. One should just take a look back to two years ago when there were no such problems for an advanced degree holder to get a H1. I wonder what has happened in JUST two years that situation has turned on its head. The piling up of floating labor is certainly one, and the other is surely the fake H1 companies who file an H1 for you if you pay them money. People have also accepted multiple job offers from different companies which has added the numbers. There are no rules protecting the H1 candidates from such misacts - while the news media and responsible lawmakers are quietly enjoying the circus very few are actually worried about the reasons. How was there such a tremendous increase in number of graduates in just 2 years? How in the hell were there so many jobs and petitions in a receding economy? Why was 29 months chosen as a logical time for a floating candidate to obtain a H1? The OPT increase is only for STEM degrees - does this mean all other degree holders can be thrown out?


I think instead of extending the OPT what should be done is to put specifications on exactly what number of foreigners can a company accept, providing some justification about the numbers . Everything seems to be so arbitrary. Also some extra H1s should be granted in order to reduce the floating labor created by the OPT. The universities should become more aware and try to educate their F1-OPT students on these issues. Students like me have been totally caught unaware. I for instance have rejected all the post-doctoral offers for doing the job; and am now in doldrums. The funny part is even someone having done a brilliant PhD from MIT computer science going into Microsoft research is in the same situation. This proves that the lottery is unfair and there should be some effort to sort out the genuine and the fraudulent cases. Graduating students with good credentials should actively seek jobs outside U.S. and try to keep their options open instead of increasing OPTs. The universities should also do more to make the students aware about careers outside U.S and back in the native countries.

Unfortunately what seems to me to be the case - 1) we have a ridiculous, total nonsense quota cap on advanced degree holders that is unlikely to be removed: most of the outcry to increase the cap (including our dear Mr. Bill Gates) is to increase the general quota of 65000; very few companies actually talk about the advanced quota. There are too few companies that genuinely needs very specialized skills. 2) we also have an exterme antagonism against H1 workers among Americans, 3)increased harassment for everybody by a very bad OPT policy, 4)A disaster filled economy and time trouble for every ambitious individual and company to meet their hopes. I pray to God that the future will be better for us.
"Tech companies win a small victory" - or did they lose really?

[burun_dawg]

The H1B disaster and OPT

The recent extension of OPT period for U.S. Masters and PhD holders is only going to deepen the H1 disaster and is designed to harass the foreign students as well as their employers. I have recently graduated with a PhD and received two lucrative offers - one of which I (unfortunately) accepted... and duly became entangled in the H1B circus. My company filed me for the advanced degree quota (20,000) and I have been following the news, views and developments since then. Last year the advanced degree cap expired in April and it was virtually sure that this year it will do so within the first week. This meant that a large number of graduates would seek employment outside the U.S. creating what NSF calls a "competitive disadvantage" for the U.S.
It appears that the OPT extension has been passed to address this situation. However this token attempt to retain the so called "highly skilled labor" is naive, inconvenient for everybody and quite simply is going to lead to more disaster! Evidently this was passed out of desperation - not taking the consequences in account - and if indeed the U.S. wants to maintain its "competitive advantage" why not get rid of the cap on advanced degree altogether? For example there has been already 32,000 petitions filed for the 20,000 quota - this ensures that there will be a count of 12,000 "extra garbage" for next year's lottery; and year after year this garbage will be accumulated and very soon it will spiral out of control just like the general quota pool of 65000. This is what will happen - the 65000 and 20,000 are arbitrary numbers and dont reflect the realistic situation. My employers for example told me that it is very difficult to get a PhD with good credentials in my field; and an American student specializing in these areas is even more rare. For any U.S employer a good American candidate in this kind of a job is an automatic choice (believe it or not) because he will be saved from the H1 and OPT trouble and retain the employee for a long time. Also the new OPT rule is going to add to the complexity which is why the companies (including mine) have not decided whether to participate in it - and I find it quite illogical to paticipate in such a hoax. This is going to create a huge number of floating candidates and very soon will spiral out of control making it difficult for graduating students to enter a job (in the U.S). The 1 year OPT period originally was meant as a buffer for students to find a job and get out of academic life and it should remain so. I have read lots of comments about H1 cheap labor and I think a lot of it is true. But none of those claims apply for U.S degree holders since a student graduating out of an American university is more likely to find a meaningful job and actually contribute to the "hi-tech" world rather than be a slave labor. The OPT rule for one makes sure that it becomes more difficult and humiliating for foreign students to stay in this country - it creates unnecessary problems for everybody starting from the student to the employers. One should just take a look back to two years ago when there were no such problems for an advanced degree holder to get a H1. I wonder what has happened in JUST two years that situation has turned on its head. The piling up of floating labor is certainly one, and the other is surely the fake H1 companies who file an H1 for you if you pay them money. People have also accepted multiple job offers from different companies which has added the numbers. There are no rules protecting the H1 candidates from such misacts - while the news media and responsible lawmakers are quietly enjoying the circus very few are actually worried about the reasons. How was there such a tremendous increase in number of graduates in just 2 years? How in the hell were there so many jobs and petitions in a receding economy? Why was 29 months chosen as a logical time for a floating candidate to obtain a H1? The OPT increase is only for STEM degrees - does this mean all other degree holders can be thrown out?


I think instead of extending the OPT what should be done is to put specifications on exactly what number of foreigners can a company accept, providing some justification about the numbers . Everything seems to be so arbitrary. Also some extra H1s should be granted in order to reduce the floating labor created by the OPT. The universities should become more aware and try to educate their F1-OPT students on these issues. Students like me have been totally caught unaware. I for instance have rejected all the post-doctoral offers for doing the job; and am now in doldrums. The funny part is even someone having done a brilliant PhD from MIT computer science going into Microsoft research is in the same situation. This proves that the lottery is unfair and there should be some effort to sort out the genuine and the fraudulent cases. Graduating students with good credentials should actively seek jobs outside U.S. and try to keep their options open instead of increasing OPTs. The universities should also do more to make the students aware about careers outside U.S and back in the native countries.

Unfortunately what seems to me to be the case - 1) we have a ridiculous, total nonsense quota cap on advanced degree holders that is unlikely to be removed: most of the outcry to increase the cap (including our dear Mr. Bill Gates) is to increase the general quota of 65000; very few companies actually talk about the advanced quota. There are too few companies that genuinely needs very specialized skills. 2) we also have an exterme antagonism against H1 workers among Americans, 3)increased harassment for everybody by a very bad OPT policy, 4)A disaster filled economy and time trouble for every ambitious individual and company to meet their hopes. I pray to God that the future will be better for us.
"Tech companies win a small victory" - or did they lose really?

[ao1977]

Shortage of qualified persons

I think, I need to tell what I have observed as graduate students in Math at one of the best U in USA.

I came here as graduate student. I was the best in Math at the best school in my home country and came to USA to pursue PhD. At graduate school, only handful Americans are pursuing PhDs in Math. In my opinion, they are rather weak compared to other students from all over the world and more tend to give up in the middle of competitions. But, they have very good chances for getting grant or various support for residents. After graduation, they can find a job very easily (I would say almost guaranteed) especially national security related or military related jobs because US Mathematicians are so few.

Now, US expels foreign PhDs from the best U fearing that they are taking US people's jobs. I think, they should know the PhDs are driving force for innovation in Tech and help keep US the top in Tech. But, if they treat unfairly like this, I bet the brightest will move to other countries and will be fine.

US citizen should be after reform of the H1B rather than abolishing it completely for their sake. This is my opinion.

[ao1977]

Shortage of qualified persons

I think, I need to tell what I have observed as graduate students in Math at one of the best U in USA.

I came here as graduate student. I was the best in Math at the best school in my home country and came to USA to pursue PhD. At graduate school, only handful Americans are pursuing PhDs in Math. In my opinion, they are rather weak compared to other students from all over the world and more tend to give up in the middle of competitions. But, they have very good chances for getting grant or various support for residents. After graduation, they can find a job very easily (I would say almost guaranteed) especially national security related or military related jobs because US Mathematicians are so few.

Now, US expels foreign PhDs from the best U fearing that they are taking US people's jobs. I think, they should know the PhDs are driving force for innovation in Tech and help keep US the top in Tech. But, if they treat unfairly like this, I bet the brightest will move to other countries and will be fine.

US citizen should be after reform of the H1B rather than abolishing it completely for their sake. This is my opinion.

[robsaz]

OPT extension is bad news for college students

A new op-ed about the OPT extension explains why Chertoff and the DHS broke their own rules and violated the Constitution:

The Search for Internships Just Got Tougher
http://www.capsweb.org/content.php?id=327&menu_id=8

[robsaz]

OPT extension is bad news for college students

A new op-ed about the OPT extension explains why Chertoff and the DHS broke their own rules and violated the Constitution:

The Search for Internships Just Got Tougher
http://www.capsweb.org/content.php?id=327&menu_id=8

[robsaz]

I have a better solution

The OPT is a cheap labor program that should have never happened. Let's abolish it, and send people like you back to your home countries. We were nice enough to educate you, so now please leave!

[robsaz]

I have a better solution

The OPT is a cheap labor program that should have never happened. Let's abolish it, and send people like you back to your home countries. We were nice enough to educate you, so now please leave!