Ted Cruz wants to increase H-1B visas from 65,000 to 325,000 annually

[The Rabbi]

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.

Yeah, that's the kind of attitude we expect from amnesty supporters. You obviously don't give a fuck about your fellow Americans.

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

How about restricting immigration thus giving Americans a better shot at landing those jobs?

How about you kiss my ass?
You assume there are a finite number of jobs out there. It isnt true.

 

[SwimExpert]

I get his point,but that doesnt take away the fact that they take jobs from Americans that were born here and should have the first shot at these jobs.
If our schools arent putting out qualified employees we need to fix that.

Bingo! We need a major overhaul of our education system, not an even greater opening of already wide open flood gates.

 

[bripat9643]

Taking the legal path toward citizenship is wonder. I have no beef with that. But all people who come here on an H1B visa don't become citizens.

Even if they did, the fact remains that they are not Americans until they become citizens. Furthermore, the United States is under no obligation to establish immigration policies that are detrimental to the American people, just because someone wants a slice of our pie. Nor should new immigration policy be created to provide cheap labor by which to displace working Americans from the workforce, and to depress the wage market.

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.

Yeah, that's the kind of attitude we expect from amnesty supporters. You obviously don't give a fuck about your fellow Americans.

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

I just proved people are better off when you prevent low wage serfs from 3rd world countries from coming here and taking jobs away from Americans.

 

[bripat9643]

Idiot. They ARE Americans.

Not in the beginning they weren't. What about those who were born here?
I guess they're just shit out of luck?

Rabbi already admitted he doesn't give a flying fuck about Americans

Please post where I wrote that. You are becoming a dishonest hack.

Allow me to quote:

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.​

Thats a fail.

ROFL! Sorry, but you made it perfectly clear you don't give a fuck what happens to Americans. I don't see how you believe a single American is better off by allowing someone on an H1-B to come here and take our jobs.

 

[The Rabbi]

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.

Yeah, that's the kind of attitude we expect from amnesty supporters. You obviously don't give a fuck about your fellow Americans.

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

I just proved people are better off when you prevent low wage serfs from 3rd world countries from coming here and taking jobs away from Americans.

You proved no such thing.
Were people better off when agricultural machines displaced them from field work?

 

[The Rabbi]

Not in the beginning they weren't. What about those who were born here?
I guess they're just shit out of luck?

Rabbi already admitted he doesn't give a flying fuck about Americans

Please post where I wrote that. You are becoming a dishonest hack.

Allow me to quote:

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.​

Thats a fail.

ROFL! Sorry, but you made it perfectly clear you don't give a fuck what happens to Americans. I don't see how you believe a single American is better off by allowing someone on an H1-B to come here and take our jobs.

You obviously hate America because you want us to pursue the economic policies of East Germany.
And btw they arent "your jobs". You have no right to them.

 

[SwimExpert]

How about restricting immigration thus giving Americans a better shot at landing those jobs?

You forget, foreigners are Americans.

 

[bripat9643]

Yeah, that's the kind of attitude we expect from amnesty supporters. You obviously don't give a fuck about your fellow Americans.

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

How about restricting immigration thus giving Americans a better shot at landing those jobs?

How about you kiss my ass?
You assume there are a finite number of jobs out there. It isnt true.

There may not be a finite number of jobs, but they don't increase at an infinite rate. There are 700,000 students graduating with technical degrees from Indian universities every year. If you don't think that many qualified people could take every technical job America produces and then some, then you are delusional.

 

[The Rabbi]

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

How about restricting immigration thus giving Americans a better shot at landing those jobs?

How about you kiss my ass?
You assume there are a finite number of jobs out there. It isnt true.

There may not be a finite number of jobs, but they don't increase at an infinite rate. There are 700,000 students graduating with technical degrees from Indian universities every year. If you don't think that many qualified people could take every technical job America produces and then some, then you are delusional.

If you think all 700,000 are moving here you're dumber than I thought.
Agaim you operate on the assumption that there are only X number of jobs in any field here. It isnt so.

 

[bripat9643]

Rabbi already admitted he doesn't give a flying fuck about Americans

Please post where I wrote that. You are becoming a dishonest hack.

Allow me to quote:

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.​

Thats a fail.

ROFL! Sorry, but you made it perfectly clear you don't give a fuck what happens to Americans. I don't see how you believe a single American is better off by allowing someone on an H1-B to come here and take our jobs.

You obviously hate America because you want us to pursue the economic policies of East Germany.
And btw they arent "your jobs". You have no right to them.

Controlling immigration wasn't the economic policy of East Germany. It controlled emigration, not immigration.

They may not be "my jobs," but this is our country, and we have the right to determine who comes here and who doesn't. Indians can find jobs in their own country.

 

[The Rabbi]

Please post where I wrote that. You are becoming a dishonest hack.

Allow me to quote:

Whaa! Whaa! Look mom, he's got my slice of pie!
SHut the fuck up, you asshole. I hope your job gets outsourced to a 250lb Mexican illiterate.​

Thats a fail.

ROFL! Sorry, but you made it perfectly clear you don't give a fuck what happens to Americans. I don't see how you believe a single American is better off by allowing someone on an H1-B to come here and take our jobs.

You obviously hate America because you want us to pursue the economic policies of East Germany.
And btw they arent "your jobs". You have no right to them.

Controlling immigration wasn't the economic policy of East Germany. It controlled emigration, not immigration.

They may not be "my jobs," but this is our country, and we have the right to determine who comes here and who doesn't. Indians can find jobs in their own country.

East Germany didnt have a problem with immigration. The economy and social conditions sucked so badly no one in his right mind would want to move there.
Is that what you want here?
Because the result was the E.Germany was a stagnant economy. Yes, everyone had his job and kept it for decades. At least until they collapsed.
Now you've morphed into an argument on whether we have a right to control our borders. I never said otherwise. But it isirrelevant.

 

[Care4all]

Is there more than one type of visa?

I just tried to inform myself on what HB1 Visas are so I googled it and came across this belw, which states that HB1 Visas are for Bachelor degree positions that can not be filled, or something like that....

So HB1 Visas are not the kind of visa, a migrant worker would come here on....right? Would that be a temporary worker Visa?

I don't know? I need to google some more to find out.

I still think that we have more than enough college grads here that are unemployed, that should be pursued for these job openings that these businesses have....

But outside of all of this, I do believe we should continue to let a balanced amount of people from other countries who want to become American Citizens, in to our Nation each year, and being educated, with at least a bachelor's degree, is one characteristic of an immigrant that would and could make a good American citizen, some day.
I would rather have immigrants that WANT to become citizens and in the legal manner than workers who come here, merely to get their money from their labor, and run, back to their own country to spend it or send it to their own country.....maybe that is selfish of me...I need to think on this a bit more....but that is where I stand at this moment...

So does this mean we need to increase HB1 visas? I still find that hard to believe because everyone and their brother have college degrees now, and many if not near most, are sitting on their rears twiddling their thumbs because they can't find a decent job?

Understanding H-1B Requirements USCIS

Understanding H-1B Requirements




Below are some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, we have included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.





Collapse all | Expand all

Requirement 1 - You must have an employer-employee relationship with the petitioning U.S. employer.
In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.

+ How do I demonstrate an employer-employee relationship if I own my own company?
If you own your company you may be able to demonstrate that an employer-employee relationship exists if the control of your work is exercised by others. For example, if your company has a board of directors, preferred shareholders, investors, or other factors that show your organization has the right to control the terms and conditions of your employment (namely the right to hire, fire, pay, supervise or otherwise control the terms and conditions of your employment), then you may be able to meet this requirement. Some of the evidence you may submit to demonstrate the distinction between your ownership interest and the right to control your employment includes:

• Term Sheet
• Capitalization Table
• Stock purchase Agreement
• Investor rights Agreement
• Voting Agreement
• Organizational documents and operating agreements

Note: Please state clearly in your cover/support letter that you are one of the founders or owners of the company and explain how the evidence submitted shows that your company has the right to control the terms and conditions of your employment..



Requirement 2 - Your job must qualify as a specialty occupation by meeting one of the following criteria:

• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

+ How do I prove that my position within my business is in an occupation that normally requires a degree in a related field?
USCIS often refers to the Occupational Outlook Handbook (OOH) from the Department of Labor (DOL) to help determine whether certain jobs require a degree. If the OOH does not indicate that a degree in a related field is normally the minimum requirement for the position, examples of evidence you may submit to demonstrate that the position normally requires such a degree includes:

• Copies of past position announcements, if relevant, that reflect the minimum requirements for the position and which show that your company normally requires a degree for the position. Your position is so specialized or complex it can only be performed by someone with a degree, including a detailed description of the petitioner’s business/products/services and the duties of the position.
• A detailed description of the petitioner’s business/products/services and the duties of the position, along with written opinions from experts confirming that your position is so specialized or complex it can only be performed by someone with a degree (in a related field).
• Job listings, letters and/or affidavits from other employers reflecting the minimum requirements for the position and which shows that the degree requirement is common to the industry in parallel positions among similar organizations.
• Written opinions from experts in the field explaining how the degree is related to the role you will perform.

Requirement 3 - Your job must be in a specialty occupation related to your field of study.
+ How do I show that my degree is related to the specialty occupation?

Some of the evidence you may submit to demonstrate that your degree is related to your position includes:

• A detailed explanation of the specific duties of the position, the product or service your company provides, or the complex nature of the role you will perform, and how your degree relates to the role.
• Written opinions from experts in the field explaining how the degree is related to the role you will perform.
• Printouts from online resources describing the degree fields normally associated with the occupation.
• Evidence that similar companies in your industry require similar degrees for similar positions.

+ Can I qualify without a bachelor’s degree?
If your position qualifies as do not have at least a bachelor’s degree in a field related to your position, then you may qualify by:

• Holding an unrestricted state license, registration or certification which authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
• Having education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and having recognition of expertise in the specialty. through progressively responsible positions directly related to the specialty. In general, 3 years of work experience or training in the field is considered as equivalent to 1 year of college.

Note: Submit equivalency documents for all foreign degrees. If work experience is taken into account, please submit an equivalency evaluation from a college official. If the equivalency evaluation is not from the registrar, submit a statement from the school’s registrar to establish that the particular evaluating official is authorized to grant college-level credit on behalf of his or her institution.
Requirement 4 - You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors). The U.S. Department of Labor (DOL) maintains a database with applicable current prevailing wage levels based on occupation and work location. To view the wage database and estimate the prevailing wage that may be required for your position, click here.

+ How do I demonstrate that I will be paid the appropriate wage?
To demonstrate you will be paid the appropriate wage, you must submit a Labor Condition Application (LCA) for your position, certified by the Secretary of Labor, which states, in part:
The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B non-immigrant wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the application.

If you are currently working for the company (e.g. working for the company you started while on OPT), some of the evidence you may submit to demonstrate that you will be paid the appropriate wage includes:

• Your most recent paystubs
• Your most recent W-2 showing the wages you received

If you are not currently working for the company, you may submit a letter from the company attesting to the wage that you will be paid once employed as an H-1B.

Requirement 5 - An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are not subject to this numerical cap. Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap. The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.



I’m ready to apply, what’s next?


Once you have determined that the H-1B visa classification is the best pathway for you and you are ready to apply, you can find the full application process and legal requirements outlined on USCIS’s website.



Note: When submitting evidence to USCIS, it is important to fully and clearly explain how the submitted evidence establishes eligibility for petition approval. The more clearly the petitioner can articulate his or her eligibility, the more efficiently and consistently USCIS can review and process the petition and determine eligibility for the benefit sought.

It even mentions that they can not pay these people less than the going rate for the position in the market that they are to be hired in to?

 

[bripat9643]

Yeah, that's the kind of attitude we expect from amnesty supporters. You obviously don't give a fuck about your fellow Americans.

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

I just proved people are better off when you prevent low wage serfs from 3rd world countries from coming here and taking jobs away from Americans.

You proved no such thing.
Were people better off when agricultural machines displaced them from field work?

That isn't the same thing. We aren't talking about implementing improved technology. We're talking about replacing perfectly qualified Americans with foreigners willing to work for 1/3 the price.

 

[BluesLegend]

Gee, the bloom left the flower quickly.

Much like Shillary's approval ratings

Still beats anyone in the GOP field easily.

Are you on drugs?

 

[HereWeGoAgain]

Yeah, that's the kind of attitude we expect from amnesty supporters. You obviously don't give a fuck about your fellow Americans.

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

How about restricting immigration thus giving Americans a better shot at landing those jobs?

How about you kiss my ass?
You assume there are a finite number of jobs out there. It isnt true.

No...I understand there's a lack of jobs right now and flooding the country with immigrants sure as hell isnt helping the situation.

 

[bripat9643]

Is there more than one type of visa?

I just tried to inform myself on what HB1 Visas are so I googled it and came across this belw, which states that HB1 Visas are for Bachelor degree positions that can not be filled, or something like that....

So HB1 Visas are not the kind of visa, a migrant worker would come here on....right? Would that be a temporary worker Visa?

I don't know? I need to google some more to find out.

I still think that we have more than enough college grads here that are unemployed, that should be pursued for these job openings that these businesses have....

But outside of all of this, I do believe we should continue to let a balanced amount of people from other countries who want to become American Citizens, in to our Nation each year, and being educated, with at least a bachelor's degree, is one characteristic of an immigrant that would and could make a good American citizen, some day.
I would rather have immigrants that WANT to become citizens and in the legal manner than workers who come here, merely to get their money from their labor, and run, back to their own country to spend it or send it to their own country.....maybe that is selfish of me...I need to think on this a bit more....but that is where I stand at this moment...

So does this mean we need to increase HB1 visas? I still find that hard to believe because everyone and their brother have college degrees now, and many if not near most, are sitting on their rears twiddling their thumbs because they can't find a decent job?

Understanding H-1B Requirements USCIS

Understanding H-1B Requirements




Below are some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, we have included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.





Collapse all | Expand all

Requirement 1 - You must have an employer-employee relationship with the petitioning U.S. employer.
In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.

+ How do I demonstrate an employer-employee relationship if I own my own company?
If you own your company you may be able to demonstrate that an employer-employee relationship exists if the control of your work is exercised by others. For example, if your company has a board of directors, preferred shareholders, investors, or other factors that show your organization has the right to control the terms and conditions of your employment (namely the right to hire, fire, pay, supervise or otherwise control the terms and conditions of your employment), then you may be able to meet this requirement. Some of the evidence you may submit to demonstrate the distinction between your ownership interest and the right to control your employment includes:

• Term Sheet
• Capitalization Table
• Stock purchase Agreement
• Investor rights Agreement
• Voting Agreement
• Organizational documents and operating agreements

Note: Please state clearly in your cover/support letter that you are one of the founders or owners of the company and explain how the evidence submitted shows that your company has the right to control the terms and conditions of your employment..



Requirement 2 - Your job must qualify as a specialty occupation by meeting one of the following criteria:

• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

+ How do I prove that my position within my business is in an occupation that normally requires a degree in a related field?
USCIS often refers to the Occupational Outlook Handbook (OOH) from the Department of Labor (DOL) to help determine whether certain jobs require a degree. If the OOH does not indicate that a degree in a related field is normally the minimum requirement for the position, examples of evidence you may submit to demonstrate that the position normally requires such a degree includes:

• Copies of past position announcements, if relevant, that reflect the minimum requirements for the position and which show that your company normally requires a degree for the position. Your position is so specialized or complex it can only be performed by someone with a degree, including a detailed description of the petitioner’s business/products/services and the duties of the position.
• A detailed description of the petitioner’s business/products/services and the duties of the position, along with written opinions from experts confirming that your position is so specialized or complex it can only be performed by someone with a degree (in a related field).
• Job listings, letters and/or affidavits from other employers reflecting the minimum requirements for the position and which shows that the degree requirement is common to the industry in parallel positions among similar organizations.
• Written opinions from experts in the field explaining how the degree is related to the role you will perform.

Requirement 3 - Your job must be in a specialty occupation related to your field of study.
+ How do I show that my degree is related to the specialty occupation?

Some of the evidence you may submit to demonstrate that your degree is related to your position includes:

• A detailed explanation of the specific duties of the position, the product or service your company provides, or the complex nature of the role you will perform, and how your degree relates to the role.
• Written opinions from experts in the field explaining how the degree is related to the role you will perform.
• Printouts from online resources describing the degree fields normally associated with the occupation.
• Evidence that similar companies in your industry require similar degrees for similar positions.

+ Can I qualify without a bachelor’s degree?
If your position qualifies as do not have at least a bachelor’s degree in a field related to your position, then you may qualify by:

• Holding an unrestricted state license, registration or certification which authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
• Having education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and having recognition of expertise in the specialty. through progressively responsible positions directly related to the specialty. In general, 3 years of work experience or training in the field is considered as equivalent to 1 year of college.

Note: Submit equivalency documents for all foreign degrees. If work experience is taken into account, please submit an equivalency evaluation from a college official. If the equivalency evaluation is not from the registrar, submit a statement from the school’s registrar to establish that the particular evaluating official is authorized to grant college-level credit on behalf of his or her institution.
Requirement 4 - You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors). The U.S. Department of Labor (DOL) maintains a database with applicable current prevailing wage levels based on occupation and work location. To view the wage database and estimate the prevailing wage that may be required for your position, click here.

+ How do I demonstrate that I will be paid the appropriate wage?
To demonstrate you will be paid the appropriate wage, you must submit a Labor Condition Application (LCA) for your position, certified by the Secretary of Labor, which states, in part:
The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B non-immigrant wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the application.

If you are currently working for the company (e.g. working for the company you started while on OPT), some of the evidence you may submit to demonstrate that you will be paid the appropriate wage includes:

• Your most recent paystubs
• Your most recent W-2 showing the wages you received

If you are not currently working for the company, you may submit a letter from the company attesting to the wage that you will be paid once employed as an H-1B.

Requirement 5 - An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are not subject to this numerical cap. Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap. The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.



I’m ready to apply, what’s next?


Once you have determined that the H-1B visa classification is the best pathway for you and you are ready to apply, you can find the full application process and legal requirements outlined on USCIS’s website.



Note: When submitting evidence to USCIS, it is important to fully and clearly explain how the submitted evidence establishes eligibility for petition approval. The more clearly the petitioner can articulate his or her eligibility, the more efficiently and consistently USCIS can review and process the petition and determine eligibility for the benefit sought.

It even mentions that they can not pay these people less than the going rate for the position in the market that they are to be hired in to?

That's what the law says, but corporations and the government bend the law to the point where that clause is ignored for all intents and purposes.

 

[BluesLegend]

I have yet to meet a politician who could be trusted. Who is Cruz trying to pander to with his position on h1b visas?

 

[HereWeGoAgain]

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

How about restricting immigration thus giving Americans a better shot at landing those jobs?

How about you kiss my ass?
You assume there are a finite number of jobs out there. It isnt true.

There may not be a finite number of jobs, but they don't increase at an infinite rate. There are 700,000 students graduating with technical degrees from Indian universities every year. If you don't think that many qualified people could take every technical job America produces and then some, then you are delusional.

If you think all 700,000 are moving here you're dumber than I thought.
Agaim you operate on the assumption that there are only X number of jobs in any field here. It isnt so.

If there are so many jobs out there why is unemployment and under employment such a problem right now?

 

[SwimExpert]

Is there more than one type of visa?

I just tried to inform myself on what HB1 Visas are so I googled it and came across this belw, which states that HB1 Visas are for Bachelor degree positions that can not be filled, or something like that....

So HB1 Visas are not the kind of visa, a migrant worker would come here on....right? Would that be a temporary worker Visa?

Yes, there are multiple types of visas. As you point out H1B visas are for Bachelor degree positions. But check this out:

Job openings, hiring now!
Job title: McDonalds cashier
Requirements: Four year degree or greater
Starting pay: $7.75 /hr plus a great working environment!
Interested people: None!

And viola! The position now becomes eligible to be filled with an H1B visa worker with a "degree" in underwater basket weaving, which might not even be recognized as valid in the United States, who wants to gain a foothold of entry and/or someone who wants to slash and save American dollars for a year and take them home to take advantage of great conversion rates. Don't get me wrong, there are legitimate examples of these visas being used as they were intended. But there is also plenty of abuse as well. As you have also pointed out, they are meant for positions that cannot be filled, which is why they are temporary. But nothing stops an employer from relying entirely on H1B visas to fill a position year after year, constantly cycling through new yearly faces. Less pay, no benefits, and it empowers the employer to exercise greater pressure over employees. What I describe here is just one example. Another approach is to recruit "interns" for "internships" and require a degree, but then to put them in low level positions.

J1 visas are often used in the same way. In fact, what I describe above could be more easily accomplished by looking for J1 candidates, because there is no need to create the pretense of false qualification requirements. But the downside of J1 visa holders is that current law limits many countries' citizens from working for more than a certain number of months. Thus, H1B visa abuse enters the picture.

 

[The Rabbi]

Like you do. Please.
No one is any better off because an employer cannot hire the person he wants.

They certainly are. Just ask those former Disney employees. Employers should not be allowed to import the detritus from 3rd world countries because they are cheaper than employing Americans. That policy is total insanity.

No one is better off when you restrict employers. You are merely another statist licking jackboots, no different from the brain dead liberals here.

I just proved people are better off when you prevent low wage serfs from 3rd world countries from coming here and taking jobs away from Americans.

You proved no such thing.
Were people better off when agricultural machines displaced them from field work?

That isn't the same thing. We aren't talking about implementing improved technology. We're talking about replacing perfectly qualified Americans with foreigners willing to work for 1/3 the price.

They replaced ag workers for 1/10th of the price. No difference. People were put out of work both cases.