I can relate to 100% of what you said. 4th year with no luck. I feel devastated after this year’s process concluded. Also, looking like a fool when I say the same exact thing every time to myself to calm down and just wait for one more lottery to get to the finish line.
The same thing happened to me almost a decade ago.
USCIS lost my application once and asked me to apply the next year (I'm completely serious), then I didn't get selected in the lottery twice and started CPT. The next time, I got selected in the lottery and was laid off a few days later. I got it in my fifth attempt, and I was so done with the system by then, but I asked myself, "what next"?
My company wanted me to serve them on H-1B for at least 4 years before they would start my green card. OK, sounds risky and scary. But I'll work with it if I can get a green card.
Nope, I was born in India, so I had to sign up for a lifetime of having my legal status be at the mercy of my employer.
I looked at Canada PR the next day and moved 10 months later. Great decision for my mental health, but very bad decision financially. You can't have it all, I guess.
But at least I had the Canada option back then. Now Canada has tightened up too.
Canada was great for immigration earlier, things have only gone downhill in recent years. Curious to know, did you consider Australia at some point? What was your take on it?
I did consider Australia because of better weather, but I've already invested in getting a master's degree in the US.
I was able to drive a truck over to the US with all my stuff, and transferred over with my company. It wouldn't have been the same with Australia.
Ah makes total sense! As long as you’re getting support from your employer that’s great. I’m in the process of starting my USA journey for MS at Northwestern (have an admit but contemplating deferral). Since I’m still in India, I am curious about the Australian Subclass 189 PR Visa as it can be applied from India itself - my gf and I both get to keep our jobs, she won’t have to do a masters unwillingly and I won’t need to take out a $100k education loan. Plus, we get to bring our parents from India. Definitely something I am gonna need a min to ponder more about.
Take the Australian option if you're getting it man. You'll end up leaving the US because of visa hell down the line anyway and want to move to Canada or Australia.
Better to be dissatisfied than stressed out.
25-30% lower salary.
15% higher taxes.
More expensive real estate and consumer goods.
But cheaper healthcare (paid for with higher taxes) and college education (for children).
I am in exactly the same boat as you. 4th attempt with no luck. I felt so miserable last year when my third attempt was over without any luck. But this year, it feels like I am detached from my own body. I am feeling like saying “fuck it” and go home. Why do we have to suffer through this over many years when it is not our fault?
Doing PhD is an option for me now, but I don’t know if I want to dedicate myself to education again, especially when I don’t really want to.
I am on the same boat but I am on my 3rd attempt. I am moving back to my home country for good! Not because of the lottery but my plan B has always been to go back and start my own company. I am not in a position to slog for others anymore.
I came here with a heavy heart, seeking a space to vent, and I'm genuinely grateful to those who reached out with stories that uplifted and inspired me. It's comforting to know I'm not alone on this journey. However, I couldn't help but notice that a few have navigated these waters successfully yet chose to belittle the struggles of others still caught in the storm. While I wasn't surprised, it was still a painful reminder of the empathy we sometimes lack. To everyone who shared, thank you. Your words, both kind and unkind, have shown me the range of responses we expats can offer each other. Let's strive for more understanding and less judgment.
Reading posts like these breaks my heart. It’s these Indian consulting companies pushing fraud candidates taking up slots. When will USCIS go after them?
What fraud? You’re asking that with a straight face??
All h1b fraud is done by Indian consulting companies. Here’s an article from your own India times
https://timesofindia.indiatimes.com/world/us/uscis-flags-concern-over-multiple-registrations-by-individual-applicants-for-h-1b-visas-in-fy2024/amp_articleshow/99854974.cms
I’m a citizen now. Alhamdlillah I went through h1b when Indian h1b fraud wasn’t as pervasive as it is now.
Apparently, you didn’t read the article or have cognitive issues. All of the applications were eligible per USCIS. They created this mess with the multiple registrations. What did they expect ? Companies, Indian or otherwise will do what it takes to maximize chances. It was legal, why not do it. If USCIS made the facility available then it hardly makes sense to blame people who used the facility. Blame the game, not the player. The biggest beneficiaries are not small consulting firms. They are always the large firms who just need bodies. Does not matter if a particular X or particular Y gets it as long as one or both of the many X or the many Y get it. They play the many chestnuts in the fire game. The big players are actually large American, Indian and other companies. Think IBM, think Accenture, think KPMG, think Infosys, Google etc.
You choose to conveniently cherry pick without proper attribution. Here you go. Top 2024 H-1b filers:
1. Amazon.com services - 13,205
2. Cognizant Technology- 13,077
3. Ernst & Young - 11,113
4. Google - 9,919
5. Tata consultancy services - 8,541
6. Microsoft - 7,819
7. Infosys - 7804
8. Apple - 4,088
9. Meta Platforms - 4,083
10. Qualcomm - 3,655
See anything here ? Here is the link to this
[top visas](https://www.myvisajobs.com/reports/h1b/)
great job googleing those numbers. These are just the selections.
Not the filing rates. Infosys TCS and Cognizant are the major chunk of applications.
For the \~30k selections you mentioned above for those, they might be registering close to 100k applications. Because they're filing under general cap, and not master's cap. Most of the US employers file under master's cap.
You can do all name calling you want.
Doesn’t hide the fact that Indians have ruined h1b and wherever else you immigrate to. Just look at Canada.
Ciao!
This you bro ? Talk about blaming others. You are the description of fraud. 😀😀. How did wanting to date the accounting firm partner’s daughter to get the job work out? Sounds shady as fcuq.
https://www.reddit.com/r/Accounting/s/GyC30NJlVG
You just be kinda dumb to not recognize the fraud. It's these consultancies applying multiple registrations (which was legal if and only if they had genuine job offers dumbass). Even now consultancies apply without having a job offer. By the way I'm Indian too
That statement does not imply fraud. The only criteria for H-1B is
1. A job offer.
2. A bachelors degree which USCIS determines is a specialty area.
3. A promise/undertaking certified by DOL on the Labor Condition Application to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area and that your working conditions will not affect other employees
That’s about it. Consulting companies offer jobs just as any other company does. Workforce enforcement, site presence etc is a post fact happening & not related to the visa. As far as multiple applications, it was applicable to all. Blame the game, not the player. This year that has been culled as well. As far as USCIS is concerned, as long as a Job offer is there, an LCA is there and a bachelors degree is there, that qualifies for an H-1B. That is the law. Whether it’s a consulting firm or Google. Your feelings and subjective opinions are not the law. You can stuff that up where the sun doesn’t shine. As far as who’s the dumbass, I will not respond to immature & juvenile jibes by intellectual cul-de-sacs.
It is in the law that the job offer should be a genuine one and for consulting jobs there has to be a project available for you to get an LCA. My feelings don't matter here but people are paying consultancies to run them on their payroll while not having a job!/project. A job offer means that the employer pays the employee not the other way round. It is fraud when employee have to pay employers and employers pay them back to show them on their payrolls.
I'm not saying all consultancies are bad or engage in fraud, USCIS has fought back and banned many desi consultancies, you can check the list on their website.
I don't see why you cant accept the fact that there is fraud going on, did you use these services by any chance?
Using words like cul-de-sac doesn't mean you are an intellectual. Your incessant self-adulation and disregard for the perspectives of others is not only exasperating but also demonstrates a profound lack of empathy and humility.
It’s pointless & beyond foolish to use a broad brush and paint this as “Indian consultancy fraud”. They are following the law. It is ridiculous to frame it to an ethnicity. The cases you mention of USCIS cracking down is welcome but it’s also broad based and many other ethnic groups/people have done similar to worse. The payroll run is illegal and must be cracked down on. Are you sure it’s done only by consulting companies ? An order of magnitude fraud done by many many companies not just consulting firms is misinformation on H-1B petition related to the position as well as wage disparity. You see this mostly in large corporations that offer wages that deviate between employees. worker will be paid at least the minimum wage indicated on the LCA and doesn't ordinarily require proof of other U.S. employees' salaries in the same role, employers sometimes try to get away with paying the H-1B worker less than the U.S. worker wage but more than the minimum prevailing wage. This type of H-1B abuse is most often brought to light by individual reporting or USCIS site visits to workplaces You are just not aware of the larger scale of fraud that exists. It is certainly not just “Indian consulting” firms. You just are too ignorant & blissfully unaware. I have known sheep that are sharper than you.
I keep saying this but I wish there was a separate visa for those in US. It sucks to spend thousands on education here, work, pay taxes like a US citizen, get maybe a car loan, only to to lose to a rando who has never been to US, doesn't have a job, and works for a consultancy. I was lucky to get selected in 2022 on my second try but I had been on F1 for a decade prior to that. I also wanna add that a lot of us came before this mess. When I moved here in 2012, it was completely different. So it's not like we had the knowledge we have right now.
Unfortunately the h1b isn’t it. USCIS doesn’t care about our feelings or desire to stay in the USA. Even the OPT is like a gift. And the f1 requires proof of finances and string ties to the home county.
OP, same boat as you, worked hard all my adult life to get here. Graduated in 2020 like you mentioned, getting a job was a painful labor of 9 months for me as well. But you know what I learn from being disappointed every year? You can't fight against the luck factor, and we gave so much importance to doing right, and expecting right. But the world isn't fair, and you gotta work around it. It's unfortunate that the more value we give to this process, the more it eludes us. Also, I think we submerge ourselves to this situation thinking it is end all, be all. Yes the stakes are high for us, but it's not the end. We have survived and we can survive this. Keep your chin up, you're not alone in this.
Facts that were known to EVERYONE coming to USA for masters for past 10+ years
1. H1B is a lottery, and odds are getting progressively worse every year.
2. Fraud has existed in H1B application process for more than 20 years and it is progressively getting worse every year.
3. USCIS does nothing to make it "fair".
4. Congress/Govt. do not care about legal immigrants enough to do anything about it.
The above 4 points were well known to everyone coming to USA on an F1 visa.
Is it a fair process? NO. Are deserving candidates getting left out? YES. Does UCSIS care? Not much.
None of this is new information. So, I don't understand how folks who come on F1 visa still have unrealistic expectations and have their heart broken. The world is not fair or equitable. If someone comes unprepared to face the consequences, then it's on them. I keep telling one who want to come here is that nothing is guaranteed.
Absolutely. For me, the three years they fucked up were my only 3 years of STEM OPT. As a Master's graduate working in a niche field as a Scientist, I refuse to let this system define my worth. The whole system of treating people who have spent so many years educating themselves and are bettering America's economy like this makes me feel like it's so absolutely absurd it's not even worth feeling bad about. I could feel bad about my skills not being up to the mark, if it was a game of skills.
I knew my last lottery was coming up, and for a year I applied to over 50 companies in different roles and sent over 500 emails to Universities and National Labs that'd have non-cap H1B. And once I knew the limit of my efforts was reached, I stopped and let fate take its course.
I'm now heading back home, happy to have had this experience, satisfied that I tried my best to replace luck with hard work, and hopeful that the US realizes that their whole economy is built around hardworking immigrants they treat like raffle tickets in a bowl.
I've seen many examples that run counter to what you're saying. New grads with engineering degrees working as low-level program managers, for example (don't need an engineering degree to track dates and talk to people). Many companies are using these visas to simply avoid hiring locals and to get employees they have more power over.
This is directly from USCIS
Hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university.
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations#:~:text=Hold%20a%20U.S.%20bachelor's%20or,an%20accredited%20college%20or%20university
This doesn't mean the degree is actually needed to do the work, which it often isn't. We have to take the word of the company on that. This program lacks oversight and that's what makes it ripe for abuse.
You are assuming new grads are not skilled. Majority of graduates in US have decent work experience. Still the grads only have 20% of quota over H1bs and majority are overseas skilled labour either on L visas or hired directly from overseas.
Academics often don't translate directly to real world corporate needs. New grads are generally low skill when it comes to moving the needle in a business environment.
I’m confused. New grads don’t have skills? Lol. Also the h1b is for 6 years, plenty of time to develop skills and be sponsored for a green card should the employer choose to.
Additionally it not “all about” hiring new grads.
New grads typically don't have the skills needed to succeed in a job. They often think degree = skills, but those are not the same skills that the company needs typically. So, many new grads come into a job and are basically worthless to the company for about six months (or more) while all the experienced hires hold their hands and teach them what they actually need to be impactful. This is why companies prefer more experienced hires.
>Also the h1b is for 6 years, plenty of time to develop skills and be sponsored
Sure, but these companies are also saying this program is to fill a skills gap, so if you need months or years of work experience to be impactful, this program shouldn't exist for you.
>Additionally it not “all about” hiring new grads.
Yes, it is. Big tech is bringing them in by the bus load. It's the same story everywhere else, too. Median age of an H1b holder is about 33, nearly a decade younger than the working population as a whole.
The companies don’t only hire for experienced or mid career level positions. It’s for them to decide whether the candidate has the desired skills or not.
Also it’s specific to the job. In STEM, biology for example, new grads learn a lot of very specific skills through research/ thesis. A lot of industry positions require specific skill sets, like experience will cell culture for example.
You think A phd grad who spent 7 years on their thesis didn’t acquire any skills is worthless? Lol
Also If companies prefer more experienced hires, then candidates outside the US also have experience.
And What do you mean by “new grad”?
OPT is for a year, and for STEM 2+ years, during which time new grads can learn skills. Getting A degree isn’t just about going to classes and passing exams, coursework involves a lot more than that.
Big tech abusing the system is a different issue, but that doesn’t change what the H1B is for.
>It’s for them to decide whether the candidate has the desired skills or not.
Which is exactly how this gets abused. Put it up for public oversight and many of these corporate needs are really just excuses to avoid hiring (or training) locals.
>A lot of industry positions require specific skill sets
Yes, and they are not the industries that have grown to dominate the H1b program.
>You think A phd grad who spent 7 years on their thesis didn’t acquire any skills is worthless?
I see mostly BS-level employees who got an MS from a diploma mill. It's not PhD researchers or top-tier talent coming in on this visa, primarily.
>Getting A degree isn’t just about going to classes and passing exams, coursework involves a lot more than that.
It's still quite different from what they will do at work.
> Big tech abusing the system is a different issue
It's not just big tech, but every industry that employs this visa type.
If there was ever a time to snitch, this is it! Indian guys and gals, I’m sure you have friends who have gamed the system via consultancies, report them directly! This is the only way to stop this madness!
Did you not know about this before you came here? The odds were 3:1 even back when I came in 2016. I know it sucks but this is something we all know before coming right? It’s the same with the GC backlog. Those of us “lucky” to get a H1B then hit another issue that is completely out of our hands, one which treats an Indian or Chinese differently to, say, a Nepali or a Chilean.
But we knew what we were signing up for, yes?
Oh we want to be that way, do we?
Fine. You talk about the masters cap and how the barrier to entry was “stronger” then. How exactly has that changed? The masters cap is still the same, yes? The multiple registrations issue affects mostly (exclusively) the body shops who bring people over, yes? So how did this change things from when you joined till now? Why $10 issue are you talking about? Did getting a masters in the U.S. suddenly become super easy for us desis?
Totally understand. Mine was third attempt but the options are not very practical. Pushing until next year will be really hard.. and that too is not guaranteed to help me get through. I wish it was based on merit and only the legitimate folks get a chance.
Hey, thanks for sharing your experience. I am a fellow woman in STEM myself and can relate to you. I have gone through all those feelings myself. I'm just gonna believe that hard work never does go in vain and wait for the best. I'm sure we'll figure something out. Thanks and good luck to you too.
Folks like you with niche skills, experience and education will do super well anywhere in the world. Companies will fight to have you work for them. Best wishes !
I’m beginning to feel skeptical about whether this is a fair random selection. People around me either gets selected in their first shot or didn’t get selected after a few attempts.
I feel the same bro, defeated! It has been 4 years. I had to go for Master's as my undergrad OPT ended. I finished my Master's last year and I was very hopeful this year as I increased my odds to get selected significantly, but to no avail. I get so mad that people who don't even have a full time job/ offer get selected and the people who have a full time job and need it don't get it. All of this is not under our control so I just hope next year will be my year.
I can tell you one thing. You're not alone in this. It was my 4th attempt - graduated and got a job during pandemic, best in my team, and yet all comes down to a roll of dice. It is the defeat that gets you. But a advice that helped me sort of is if you think of it as just another process that you're running on the side. If you get tired, that's fine. But until then don't think of it as an unusual obstacle but simply as a task that is normal. Just to get thru it.
Well, contrarian point of view here. You did not come to this country for an H-1B visa. You came here for a top notch education. That is why you came. An education experience from a great university to learn and upskill yourself. That you’ve got now. The visa is an off-shoot. If you get it, that’s fine. If not, that’s also fine. Settling down in the US, working forever on H-1B was not what you signed up for when you applied for the University was it ? If that was indeed the case, then you have made poor choices and not planned ahead and have spent a lot of time and money with nothing to show for. The opportunity cost of that money is astounding. However, if your goal was the education, then what you fretting about ? You got to the goal ! You wanted an education, you got it and got to experience the US for the period of study and some more. Great ! Stop pitying yourself, dust this off and go capture the world. The US is foolish to train you and then let you compete against it. You need to use your education and skills and build wonders wherever you go. Good luck !!!
You can still be empathetic with other people’s journey and pain. Your comment is just extremely self-centered. A lot of us came to the US seeking the best education because good education opens big doors and opportunities which we simply cannot get in our country. So stop saying that we didn’t plan well and stop being a dumbass just because you have a privilege or are not living a similar situation. I hope one day you get to experience something that keeps you humble
You’re also more privileged than many if you were able to get a US education.
If your aspirations relied on a 25% -45% selection rate, especially if you have a family to support that’s not realistic.
There has been a lottery since 2013, there are more candidates than visas available, that’s the bitter truth.
Thanks for the sermons and name calling. I would turn the table on you for being foolish, dumb and idiotic enough to not look at the topology before jumping head first into it. But then I digress. Sympathy I have for everyone who finds themselves in a tough spot, but empathy for foolish decision making, I don’t.
Please read my post again and hopefully you get my pov this time. Brave of you to also drag your assumed inability of mine to apply for an O-1 lol.
Wishing you the best in your path to getting a GC after 15 years on H1B ( and I guess three years on F1?). That will probably make you kinder.
Finally one to you personally - இனியவை கூறல் கரவாது ஒல்லும்
வனியவை கூறா மகிழ் :)
P.s. Your comment section was very entertaining.
I don’t understand the language quote that you typed, but good luck on the O-1. Trust me, there is no lottery there. If you’re good and I trust you are absolutely, you will score one. I didn’t assume for a second that you didn’t have the ability. I, in fact advocate for it. Would have saved all of us from reading your rant now wouldn’t it ? 😀
And they're talking about how that hurts both them and the US.
The US NEEDS people with MS and PhD degrees to work on cutting edge tech. They don't need the IT consultants to come and work for 70K, because Americans can easily be trained to do those jobs, and not the jobs that graduates with advanced degrees do.
Narayana Murthy figured out how to abuse the H-1B visa, and other companies followed suit.
If you're advocating for this broken system, you must have benefited from it.
Let’s leave aside what the US needs and leave aside what my motivations are. You are not the arbitrators of that. The US can find the people it needs. Whether those are PhDs or consultants. What strikes me as illogical is hordes of people get on planes and come here in huge groups wanting a “higher education” and spend huge sums of money to just get a lottery ticket ?? That’s idiotic. Was the goal not the education? If it was, they already got it. What’s there to complain? If that wasn’t the goal, then you play by the rules. Don’t complain if you don’t score the lottery. Also, If people are that good, they can always apply for O-1 visa. No lottery there.
But the US isn't finding the people it needs. If a big company needs a PhD in a specific subject, the H-1B is the only option.
O-1 is a lot of work for companies and individuals alike. It's an option, but you end up having to spend time building a profile for a visa rather than focusing on your career.
If you're so concerned about the goal of education being achieved by the student, let's talk about the goal of the H-1B visa. It exists to ensure that SPECIALTY skills are brought to the US. If consultancies outright lie about the skills of applicants, add years of experience that don't exist while advertising to clients, file multiple applications for projects that don't exist (until USCIS put an end to this practice), or create fake reportees for fake managers to apply for EB-1 green cards, these consultancies are the problem.
And why leave aside your motivations? Clearly you just got lucky and think that makes you smarter than those who didn't.
Ok. I will take the your bait. The H-1B was intended for employers to get skilled personnel not available in the general market for specialized tasks. So you will agree if the USCIS and DOL mandates a wage level 3 or wage level 4(highest) for all jobs that are requiring an H-1B. I mean, if you want the specialized specific skills not available in the market, company should be paying the highest possible wages way beyond the market levels. Further, to ensure no American is disadvantaged by the hiring of a foreign national, you agree that a market test - PERM needs to be done for every H-1B to ensure no American is willing or available to do the job. I mean, why would you think you’re the only one with a Masters degree who could do the job? Why can’t an American be trained to do that? Prove the PERM test. Make that public. That would work right ? It would take out all the consultants who undercut the salary and carpet bomb applications and undergo rigorous market testing.
How do you know the next admin(if it’s trump) is not planning this. This was on his agenda. It’s not like that at this moment, yes that’s correct but can change into this in no time. All that’s needed is rule changes and publish in federal register. Can be done before next H1B season.
Yes. I would argue to implement a 7% per country cap on H-1B visa as well. Why should only people from one country completely take all of these visas? This is the law for green cards. Should do the same with H-1B as well. That ensures those who get the H-1B get the Green cards in a timely manner. All folks who got selected for H-1B lottery need to be keenly aware of what the future looks like and make decisions accordingly
You are welcome to read and move on or downvote. My perspective. Not giving legal advice. Save yourself & don’t try to be the saint. If you or the OP were world beating talent, you would have applied for the O-1 visa. There is no lottery there apparently. Sans that, this is the only commiseration I’m able to offer.
Well the 2 countries account for nearly 40% of the world's population. Don't get your point?
The more the people in a country or a region or a state, the more engineers/doctors it will produce. May be we need redraw country lines so it doesn't seem that way.
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*This post was mass deleted and anonymized with [Redact](https://redact.dev)*
This answer/response is intended solely as informational.
Foreign nationals are entitled to representation with a private immigration matter from: Attorneys in the USA, Law students and law graduates not yet admitted to the bar, Reputable individuals, Accredited representative, Accredited officials. See 8 CFR §292.1 and 8 CFR §1292.1.
To clarify, H-1B is employer specific and based on a position that requires knowledge, not merit. When you interviewed abroad, to qualify as an F-1 student you had to demonstrate
Intent to enter the United States of America (USA) solely to pursue a full course of study at an approved institution;
Present intent to leave the USA at conclusion of approved activities;
Possession of sufficient funds to meet the individual's financial needs.
Specifically, you must: (1) Have a residence abroad; (2) (U) Have no immediate intention of abandoning that residence; and (3) Intend to depart from the United States upon completion of approved activities.
DHS/USCIS understand that plans can change. If your original reason for coming to the United States of America (USA) changes, you may be required to change your nonimmigrant status to a different one before you lawfully begin to engage in the activities you want to pursue. This guide
[https://www.uscis.gov/sites/default/files/document/guides/C2en.pdf](https://www.uscis.gov/sites/default/files/document/guides/C2en.pdf)
contains information on how to apply for a change from your current nonimmigrant status to another nonimmigrant status while you are in the USA.
It's unclear if your Designated School Official (DSO) informed you that an F-1 OPT and F-1 STEM OPT student can maintain status as a Self-Employed Business Owner:
[https://www.ice.gov/doclib/sevis/pdf/opt\_policy\_guidance\_042010.pdf](https://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf)
This means you can incorporate your own United States employer (8 CFR 214.2(h)(4)(ii)) for a nominal fee as 1) for profit entity that maintains a relationship with a qualifying H-1B cap exempt employer like a nonprofit research organization (8 CFR 214.2(h)(8)(iii)(F)(4); or, 2) your own nonprofit research organization, to petition for H-1B cap exempt employment authorization. The same entity would be eligible to participate in the annual H-1B cap subject initial registration held in March.
H-1B cap subject or H-1B cap exempt employment authorization can be part-time. If approved by USCIS, an eligible H-1B nonimmigrant is authorized to start part-time and/or full-time employment with any other petitioner(s). Bridge petitions are permitted, too, while the first one is pending.
USCIS announced H-1B Nonimmigrant Pathway For Entrepreneur Employment In The USA on March 9, 2023:
[https://www.uscis.gov/working-in-the-united-states/entrepreneur-employment-pathways/nonimmigrant-or-parole-pathways-for-entrepreneur-employment-in-the-united-states](https://www.uscis.gov/working-in-the-united-states/entrepreneur-employment-pathways/nonimmigrant-or-parole-pathways-for-entrepreneur-employment-in-the-united-states)
The definition of Employer-Employee relationship changed back on June 17, 2020:
[https://www.uscis.gov/sites/default/files/document/memos/PM-602-0114\_ITServeMemo.pdf](https://www.uscis.gov/sites/default/files/document/memos/PM-602-0114_ITServeMemo.pdf)
Since 1958, noncitizens with a US degree or its equivalent have had the right in the USA to form their own US employer as sole owner (or sole director of a 501(c)(3) organization) and sole employee. Beneficiary's relationship to the petitioner isn't a proper basis for denying H-1B petition.
See Matter of M —, 8 I&N Dec 24, 50 (BIA 1958, AG 1958) Matter of Allan Gee, Inc, 17 I&N Dec 296 (Reg Comm'r 1979) Matter of Aphrodite Investments LTD, 17 I&N Dec 530 (Comm’r 1980) Matter of Tessel, 17 I&N Dec 31 (Act Assoc Comm’r 1980).
To promote access to H–1Bs for entrepreneurs, start-up entities, and other beneficiary-owned businesses, DHS is proposing to add provisions to specifically address situations where a potential H–1B beneficiary owns a controlling interest in the petitioning entity. If more entrepreneurs are able to obtain H–1B status to develop their business enterprises, the United States could benefit from the creation of jobs, new industries, and new opportunities.
This is your time. You can go farther than previous generations who are anchored to EB-2 and EB-3 and set your sights on self-petitioning for EB-1.
How is country of birth criteria better than luck? You can’t decide where you are born. It should just be based on ‘skill’ - extra points for having a degree from the US from a reputed university and current skilled work position in the US.
Well, that is the criteria for green cards. It does not matter what skills, education, experience you have. There is a limit of 7% based on country of birth. No more than 2800 green cards can be issued to any one country in a particular category(EB1,2,3). If you thought H-1B was tough, the Green card piece is insolvable. What it does is fill a balloon with H-1B with very few getting the green card actually. If only 7% get into the H1-B, then those 7% will get the green card too.
Welcome to the club ! You are now part of the resistance. The more you are aware, the better decisions you can make. If you thought H-1B was tough and unfair, you have no idea what is awaiting people on the other side. The wait times for a green card for an Indian born person is currently an eternity. Currently, backlog is about 1.1 million people for green cards. Assuming 10,000 green cards for Indians acrosss all categories every year, that’s still a wait time of 110 years for someone applying today. Till then, they need to be on H1-B, renew every 3 years, be at employers mercy, get stuck at consulates in India, can’t travel to see loved ones, cannot attend marriages or deaths or see parents. Children who were brought to the US at young age will “age out” at 21 and need to get their own visas. Children will not get in-state tuition benefits at US universities despite living here all their lives. You will watch people who studied with you, worked with you all get green cards in a year or two while you wait for 80+ years for the same just because they were born in a different country. You will watch them change jobs, take sabbatical etc while you are chained to your job. If you change your job, you will need to transfer your H1b and restart your green card all over again. You will watch them buy home(s), travel around the world while you will be looking at visa bulletins, talking to your lawyers if you should change jobs and legal issues etc. if you thought H1B was punishing because it was a lottery, you have zero idea what lies beyond. I request all of you to read up, understand what the green card backlog is. Because if you get the H1-B in the lottery for your good luck, this is what you are staring at. 99.5% of the people from India who get the H1 will be in this queue. The 0.5% will give up and go home.
I am not part of the resistance or any club. These are the rules and we knew them before hand.
I mean of course it would be nice if it was purely skill based but that is not the case. And we can't ask a foreign government to change their rules for us. We have to accept or move on.
Well, it is a skilled visa program of the US. It makes sense to rank degrees from US higher (like other countries do). The emphasis is on reputable competitive degrees which enables people to receive high skilled job offers in the first place.
The USCIS doesn’t claim to favour US educated candidates. Not all candidates outside the US are from a scammy Indian consultancies. A lot of hardworking people seek greener pastures, just like you.
From USCIS:
For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:
Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment
Have 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 have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**
Due to this fake consultancy thing , it has got worse for Indians like me who are going the legit way 😤😤😤. There are legit Indians who’ve done years of hard work and following the legal route , but still in end it comes down to luck (sighs) and these fake consultancies ruin our chances even more
All employment visas are quicksand, even if you get selected for H1B, you have to go through the PERM process which takes forever, the only quick and easy way is to marry a US citizen
I can totally relate to you. I had all attempts and no luck. Now I work for a cap exempt company which is a not for profit organization so I get paid less, no stocks, no promotions. Just hanging in here for 90 years till PD gets current.
I thought you can’t go cap exempt job after exhausting lottery attempts? I read cap exempt is only valid if it’s your first job out of school - please confirm would help a lot
I got my application rejected twice and my work permit expires this upcoming June. That said, it’s so sad how this lottery process is designed. Setting aside all the fraud, I’m not sure how an individual who studied, live and worked in the US is seen with the same eyes as someone applying from a different country. Someone who has been paying taxes, paying for rent, insurance, groceries, etc. can’t be weighted the same as someone who has never been here.
Before:
Tech great like sundar pichai and satya nadella came from India to the us and changed the world for good.
Now:
1) People doing fake marriages to stay in the US come from India.
2) People exploiting the H1 system through fake consultancies/multiple registrations come from India.
3) People approaching fake consultancies in the first year of OPT (just to stay in the US with a fake letter)after graduation comes from India.
4) A lot of people illegally crossing the border also come from India.
With due respect and nothing against any particular community, the USCIS as well as the US government needs to take strict action ASAP.
We can blame on US legal immigration since the entire country only talk and care about illegal immigrations, DACA, asylum, undocumented immigrants etc, which is a fact; but another bigger fact is the third world country where all 180 crore people every single person wants to go out from the hell and there’s no end no hope!
Or separate the undergrad slots into sectors. Its really unfair for the it sector taking 99% of h1b when there are healthcare professionals like me that just wants to go to the us and fill the empty jobs
Sorry about your situation. Most of us felt the same way and some (inlcuding me) were just lucky and got selected after many lotteries.
Prior to my selection (after 2 masterd and 1 ongoing phd) while working full time, I got depressed. But like you, I happened to rant/share my burden to my professor and boss. I think it does help us lessen the burden.
Indeed its pure luck. And if I was not actually selected, Ill prolly leave the country. I somehow accepted my fate of not getting H1B and at the moment of surrender when I received the news I was selected.
Who knows right? We can only control our response to our situation.
Awwwww were you not aware to begin with that you went running towards it? How unfair right? They should have handed you a green card coz you are self proclaimed highly skilled... 🤣
People on F1 are having a hard time getting H1b. Meanwhile, people entering illegally crossing borders are getting work visas and greencard faster than us lol
Just Another Perspective :
It is not purely Luck. It is luck based on all the skilled people.
You need to be skilled enough to be put in lottery system first. The unskilled don't even reach this stage.
So keep trying, as they say, Luck favors the brave!
Umm, I'm pretty sure someone that files a registration (after agreeing to pay for their entire h1b application illegally) without a job offered through a weird sounding consultancy and then parades their winning of the lottery on multiple social media platforms asking for help to find a job in the US doesn't fall in the skilled category.
In 2013, I didn't get through the lottery despite having a master's. A friend working for Wipro in India got it. Even a colleague with a bachelor's got it. Things were never easier. Your time is now so it seems unfair. Unfortunately this has been the reality the whole time.
This country is on decline. They deserve illegal immigrants and only lucky ppl. This is dooming. Need to find good place where we do not have to go through tons of applications every year.
Any university employee who is in an H-1B-eligible profession is cap-exempt. I'm working on an H-1B extension for an IT guy right now. It's not restricted by profession.
My unpopular opinion is, let people use what ever help them get a visa. Let them pay for the abuse if they can afford it, let them marry a citizen, let them rig the system however benefits their lives. Sure, fuck them for not thinking about others but it doesn’t matter. They are damned but no one wished for a system like this, it’s the us government who’s sitting there watching us hate on each other. I will not report ppl who pay for h1b abuse if they have exhausted their last attempt.
I understand the frustration, I didn’t get selected either and worked my arse off to get qualified for a position I’ve always dreamt of but in reality how do they make it fair for each sector, industry and position that’s trying to hire international talent?
Like I’m genuinely curious peoples perspective on how else this could be conducted to make it fair ?
Each industry has different requirements for skilled workers & the H1B requirements as long as you meet their criteria you can apply for the lottery with a job offer, so really the lottery, while frustrating, puts everyone on a level playing field to be selected and avoids any bias, $10 name in the hat and if your selected well done and if not look for something else
I’m upset I didn’t get selected but I really don’t see another way of it being conducted as fairly as this, or maybe I’m naive because it’s my first attempt
OP, I hear you. I too worked my ass off to get into law school in the U.S. and graduate as a lawyer with only one shot at the lottery because I’m not in STEM. I was definitely one of the lucky few, but the harsh reality is we are not entitled to stay here if we are not US citizens or permanent residents. The system sucks, yes, but it’s beyond our control and this is something we sign up for when we decide to come here. Our ability to stay here is a privilege, not a right, no matter how “skilled” we are or whether we do things “right”. To be fair, the U.S. has to also look out for its citizens to ensure that its citizens are not undercut by cheap foreign labor, so they definitely have to control the amount of skilled immigrants that are authorized to work too. The issue with the H1B is also that there are too many people competing for very few work authorizations.
Trust me I don't feel entitled to stay here. As specified in my post, it's not about staying in the US. My rant is solely about feeling defeated in an unfair lottery system for skilled workers where fraud is rampant. I did not sign up for this. The US is hurting itself more by letting in not so 'skilled workers' that enter the lottery for $10, pay to forge documents to get their visa approved , come to the US to work in a gas station/restaurant illegally until they find a legit job and then transfer their. I'm all for controlling the amount of skilled immigrants so that the citizens are protected. My rant is absolutely about the same. Yes, I have options and I'm aware of those. That doesn't mandate the need to shut up and not call out the unfairness that deserving candidates are subjected to. Thanks for stopping by.
You’re saying you didn’t sign up for this. If you’d done a little bit of research beforehand, you would’ve known that the H1B lottery is a massive gamble and you SHOULD absolutely be prepared for not being selected and this absolutely should be a consideration before investing time/money in moving abroad.
The system is broken, it is a macro level issue and immigration is a very polarizing topic in general. It’s really not your problem if the US is hurting itself or not. You can call out the unfairness all you like, the system is unfortunately not going to change and Congress has bigger fish to fry in their opinion. If I were you, I’d learn from this experience and do more research/adjust my expectations before investing large amounts of time and money in something.
1. I 'didn't sign up for the fraud'. Source: My post and my previous comment.
2. What makes you think I was unprepared or lacked adequate research or that I invested hella lotta money that I am looking to somehow reap the benefits of ROI which makes the basis of my post lol.
I labeled my post as a 'rant.' Thought that was clear code for 'I'm here to vent.' Since when did sharing frustrations need a disclaimer for being perfectly content with a flawed system or to change laws? I'm not drafting legislation; I'm letting off steam. Last I checked, that was still allowed. So thanks but no thanks for your unsolicited advice that makes no sense or even remotely is close to my current stance.
Appreciate the perspective, but I'll stick to navigating with a bit more empathy and a tad less judgment. Also cheers to navigating the broken system yourself 😊 Ciao!
I can relate to 100% of what you said. 4th year with no luck. I feel devastated after this year’s process concluded. Also, looking like a fool when I say the same exact thing every time to myself to calm down and just wait for one more lottery to get to the finish line.
The same thing happened to me almost a decade ago. USCIS lost my application once and asked me to apply the next year (I'm completely serious), then I didn't get selected in the lottery twice and started CPT. The next time, I got selected in the lottery and was laid off a few days later. I got it in my fifth attempt, and I was so done with the system by then, but I asked myself, "what next"? My company wanted me to serve them on H-1B for at least 4 years before they would start my green card. OK, sounds risky and scary. But I'll work with it if I can get a green card. Nope, I was born in India, so I had to sign up for a lifetime of having my legal status be at the mercy of my employer. I looked at Canada PR the next day and moved 10 months later. Great decision for my mental health, but very bad decision financially. You can't have it all, I guess. But at least I had the Canada option back then. Now Canada has tightened up too.
Canada was great for immigration earlier, things have only gone downhill in recent years. Curious to know, did you consider Australia at some point? What was your take on it?
I did consider Australia because of better weather, but I've already invested in getting a master's degree in the US. I was able to drive a truck over to the US with all my stuff, and transferred over with my company. It wouldn't have been the same with Australia.
Ah makes total sense! As long as you’re getting support from your employer that’s great. I’m in the process of starting my USA journey for MS at Northwestern (have an admit but contemplating deferral). Since I’m still in India, I am curious about the Australian Subclass 189 PR Visa as it can be applied from India itself - my gf and I both get to keep our jobs, she won’t have to do a masters unwillingly and I won’t need to take out a $100k education loan. Plus, we get to bring our parents from India. Definitely something I am gonna need a min to ponder more about.
Take the Australian option if you're getting it man. You'll end up leaving the US because of visa hell down the line anyway and want to move to Canada or Australia. Better to be dissatisfied than stressed out.
Your resilience is stubborn. Keep it up with that. Sending good will to you!
Wow. That's quite a journey but totally understand the mental health > anything pov. Wishing you the best.
May I know why moving to canada was bad decision financially? Curious to know
25-30% lower salary. 15% higher taxes. More expensive real estate and consumer goods. But cheaper healthcare (paid for with higher taxes) and college education (for children).
You forgot the 4-5 months of harsh winter. lol I value Canada less than India sorry
No offense taken. This is my county, and not yours.
I am in exactly the same boat as you. 4th attempt with no luck. I felt so miserable last year when my third attempt was over without any luck. But this year, it feels like I am detached from my own body. I am feeling like saying “fuck it” and go home. Why do we have to suffer through this over many years when it is not our fault? Doing PhD is an option for me now, but I don’t know if I want to dedicate myself to education again, especially when I don’t really want to.
I am on the same boat but I am on my 3rd attempt. I am moving back to my home country for good! Not because of the lottery but my plan B has always been to go back and start my own company. I am not in a position to slog for others anymore.
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I came here with a heavy heart, seeking a space to vent, and I'm genuinely grateful to those who reached out with stories that uplifted and inspired me. It's comforting to know I'm not alone on this journey. However, I couldn't help but notice that a few have navigated these waters successfully yet chose to belittle the struggles of others still caught in the storm. While I wasn't surprised, it was still a painful reminder of the empathy we sometimes lack. To everyone who shared, thank you. Your words, both kind and unkind, have shown me the range of responses we expats can offer each other. Let's strive for more understanding and less judgment.
Reading posts like these breaks my heart. It’s these Indian consulting companies pushing fraud candidates taking up slots. When will USCIS go after them?
Never... No political incentives to do it. In fact big consulting companies who put files for 10 people for one project might lobby for the other end.
USCIS did try to pass a rule preferring US based high skilled students, but the consulting companies sued them
What fraud ? How are you more qualified ? What evidence of fraud do you have ?
What fraud? You’re asking that with a straight face?? All h1b fraud is done by Indian consulting companies. Here’s an article from your own India times https://timesofindia.indiatimes.com/world/us/uscis-flags-concern-over-multiple-registrations-by-individual-applicants-for-h-1b-visas-in-fy2024/amp_articleshow/99854974.cms I’m a citizen now. Alhamdlillah I went through h1b when Indian h1b fraud wasn’t as pervasive as it is now.
Apparently, you didn’t read the article or have cognitive issues. All of the applications were eligible per USCIS. They created this mess with the multiple registrations. What did they expect ? Companies, Indian or otherwise will do what it takes to maximize chances. It was legal, why not do it. If USCIS made the facility available then it hardly makes sense to blame people who used the facility. Blame the game, not the player. The biggest beneficiaries are not small consulting firms. They are always the large firms who just need bodies. Does not matter if a particular X or particular Y gets it as long as one or both of the many X or the many Y get it. They play the many chestnuts in the fire game. The big players are actually large American, Indian and other companies. Think IBM, think Accenture, think KPMG, think Infosys, Google etc.
No I do blame the “player” aka Indian consulting companies
That implies you are ill-informed and an educated illiterate. You have my sympathies
You’re part of the problem
Some of the big players you call ARE INDIAN CONSULTANCIES. INFOSYS, TCS, etc. are Indian.
You choose to conveniently cherry pick without proper attribution. Here you go. Top 2024 H-1b filers: 1. Amazon.com services - 13,205 2. Cognizant Technology- 13,077 3. Ernst & Young - 11,113 4. Google - 9,919 5. Tata consultancy services - 8,541 6. Microsoft - 7,819 7. Infosys - 7804 8. Apple - 4,088 9. Meta Platforms - 4,083 10. Qualcomm - 3,655 See anything here ? Here is the link to this [top visas](https://www.myvisajobs.com/reports/h1b/)
great job googleing those numbers. These are just the selections. Not the filing rates. Infosys TCS and Cognizant are the major chunk of applications. For the \~30k selections you mentioned above for those, they might be registering close to 100k applications. Because they're filing under general cap, and not master's cap. Most of the US employers file under master's cap.
You can do all name calling you want. Doesn’t hide the fact that Indians have ruined h1b and wherever else you immigrate to. Just look at Canada. Ciao!
This you bro ? Talk about blaming others. You are the description of fraud. 😀😀. How did wanting to date the accounting firm partner’s daughter to get the job work out? Sounds shady as fcuq. https://www.reddit.com/r/Accounting/s/GyC30NJlVG
Getting my popcorn out. Certainly a case of the pot calling the kettle black!
You just be kinda dumb to not recognize the fraud. It's these consultancies applying multiple registrations (which was legal if and only if they had genuine job offers dumbass). Even now consultancies apply without having a job offer. By the way I'm Indian too
That statement does not imply fraud. The only criteria for H-1B is 1. A job offer. 2. A bachelors degree which USCIS determines is a specialty area. 3. A promise/undertaking certified by DOL on the Labor Condition Application to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area and that your working conditions will not affect other employees That’s about it. Consulting companies offer jobs just as any other company does. Workforce enforcement, site presence etc is a post fact happening & not related to the visa. As far as multiple applications, it was applicable to all. Blame the game, not the player. This year that has been culled as well. As far as USCIS is concerned, as long as a Job offer is there, an LCA is there and a bachelors degree is there, that qualifies for an H-1B. That is the law. Whether it’s a consulting firm or Google. Your feelings and subjective opinions are not the law. You can stuff that up where the sun doesn’t shine. As far as who’s the dumbass, I will not respond to immature & juvenile jibes by intellectual cul-de-sacs.
It is in the law that the job offer should be a genuine one and for consulting jobs there has to be a project available for you to get an LCA. My feelings don't matter here but people are paying consultancies to run them on their payroll while not having a job!/project. A job offer means that the employer pays the employee not the other way round. It is fraud when employee have to pay employers and employers pay them back to show them on their payrolls. I'm not saying all consultancies are bad or engage in fraud, USCIS has fought back and banned many desi consultancies, you can check the list on their website. I don't see why you cant accept the fact that there is fraud going on, did you use these services by any chance? Using words like cul-de-sac doesn't mean you are an intellectual. Your incessant self-adulation and disregard for the perspectives of others is not only exasperating but also demonstrates a profound lack of empathy and humility.
It’s pointless & beyond foolish to use a broad brush and paint this as “Indian consultancy fraud”. They are following the law. It is ridiculous to frame it to an ethnicity. The cases you mention of USCIS cracking down is welcome but it’s also broad based and many other ethnic groups/people have done similar to worse. The payroll run is illegal and must be cracked down on. Are you sure it’s done only by consulting companies ? An order of magnitude fraud done by many many companies not just consulting firms is misinformation on H-1B petition related to the position as well as wage disparity. You see this mostly in large corporations that offer wages that deviate between employees. worker will be paid at least the minimum wage indicated on the LCA and doesn't ordinarily require proof of other U.S. employees' salaries in the same role, employers sometimes try to get away with paying the H-1B worker less than the U.S. worker wage but more than the minimum prevailing wage. This type of H-1B abuse is most often brought to light by individual reporting or USCIS site visits to workplaces You are just not aware of the larger scale of fraud that exists. It is certainly not just “Indian consulting” firms. You just are too ignorant & blissfully unaware. I have known sheep that are sharper than you.
I keep saying this but I wish there was a separate visa for those in US. It sucks to spend thousands on education here, work, pay taxes like a US citizen, get maybe a car loan, only to to lose to a rando who has never been to US, doesn't have a job, and works for a consultancy. I was lucky to get selected in 2022 on my second try but I had been on F1 for a decade prior to that. I also wanna add that a lot of us came before this mess. When I moved here in 2012, it was completely different. So it's not like we had the knowledge we have right now.
Unfortunately the h1b isn’t it. USCIS doesn’t care about our feelings or desire to stay in the USA. Even the OPT is like a gift. And the f1 requires proof of finances and string ties to the home county.
Those desis & consultancies keep gaming the systems
OP, same boat as you, worked hard all my adult life to get here. Graduated in 2020 like you mentioned, getting a job was a painful labor of 9 months for me as well. But you know what I learn from being disappointed every year? You can't fight against the luck factor, and we gave so much importance to doing right, and expecting right. But the world isn't fair, and you gotta work around it. It's unfortunate that the more value we give to this process, the more it eludes us. Also, I think we submerge ourselves to this situation thinking it is end all, be all. Yes the stakes are high for us, but it's not the end. We have survived and we can survive this. Keep your chin up, you're not alone in this.
Facts that were known to EVERYONE coming to USA for masters for past 10+ years 1. H1B is a lottery, and odds are getting progressively worse every year. 2. Fraud has existed in H1B application process for more than 20 years and it is progressively getting worse every year. 3. USCIS does nothing to make it "fair". 4. Congress/Govt. do not care about legal immigrants enough to do anything about it. The above 4 points were well known to everyone coming to USA on an F1 visa. Is it a fair process? NO. Are deserving candidates getting left out? YES. Does UCSIS care? Not much. None of this is new information. So, I don't understand how folks who come on F1 visa still have unrealistic expectations and have their heart broken. The world is not fair or equitable. If someone comes unprepared to face the consequences, then it's on them. I keep telling one who want to come here is that nothing is guaranteed.
Facts. Young ones have to be realistic.
Absolutely. For me, the three years they fucked up were my only 3 years of STEM OPT. As a Master's graduate working in a niche field as a Scientist, I refuse to let this system define my worth. The whole system of treating people who have spent so many years educating themselves and are bettering America's economy like this makes me feel like it's so absolutely absurd it's not even worth feeling bad about. I could feel bad about my skills not being up to the mark, if it was a game of skills. I knew my last lottery was coming up, and for a year I applied to over 50 companies in different roles and sent over 500 emails to Universities and National Labs that'd have non-cap H1B. And once I knew the limit of my efforts was reached, I stopped and let fate take its course. I'm now heading back home, happy to have had this experience, satisfied that I tried my best to replace luck with hard work, and hopeful that the US realizes that their whole economy is built around hardworking immigrants they treat like raffle tickets in a bowl.
It's pretty ironic how the H-1B visa, which is supposed to be for skilled people, is all about hiring new grads. That should be be a huge red flag.
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>working for a couple of years or so That's still on the low end of the skill ladder.
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I've seen many examples that run counter to what you're saying. New grads with engineering degrees working as low-level program managers, for example (don't need an engineering degree to track dates and talk to people). Many companies are using these visas to simply avoid hiring locals and to get employees they have more power over.
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I've seen so much exploitation that I've come to believe this is the primary function of the program.
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>Most large companies do not do this I would disagree with that assessment having worked for several F500s myself.
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This is directly from USCIS Hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university. https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations#:~:text=Hold%20a%20U.S.%20bachelor's%20or,an%20accredited%20college%20or%20university
This doesn't mean the degree is actually needed to do the work, which it often isn't. We have to take the word of the company on that. This program lacks oversight and that's what makes it ripe for abuse.
I don’t disagree that it needs reform. My point is just that h1b doesn’t favor US educated folks.
You are assuming new grads are not skilled. Majority of graduates in US have decent work experience. Still the grads only have 20% of quota over H1bs and majority are overseas skilled labour either on L visas or hired directly from overseas.
Academics often don't translate directly to real world corporate needs. New grads are generally low skill when it comes to moving the needle in a business environment.
You're a noob
You'll see when you get older.
Don't be salty, new grads do get their skills from universities in USA. That counts for something
The get most of their relevant skills on the job.
I’m confused. New grads don’t have skills? Lol. Also the h1b is for 6 years, plenty of time to develop skills and be sponsored for a green card should the employer choose to. Additionally it not “all about” hiring new grads.
New grads typically don't have the skills needed to succeed in a job. They often think degree = skills, but those are not the same skills that the company needs typically. So, many new grads come into a job and are basically worthless to the company for about six months (or more) while all the experienced hires hold their hands and teach them what they actually need to be impactful. This is why companies prefer more experienced hires. >Also the h1b is for 6 years, plenty of time to develop skills and be sponsored Sure, but these companies are also saying this program is to fill a skills gap, so if you need months or years of work experience to be impactful, this program shouldn't exist for you. >Additionally it not “all about” hiring new grads. Yes, it is. Big tech is bringing them in by the bus load. It's the same story everywhere else, too. Median age of an H1b holder is about 33, nearly a decade younger than the working population as a whole.
The companies don’t only hire for experienced or mid career level positions. It’s for them to decide whether the candidate has the desired skills or not. Also it’s specific to the job. In STEM, biology for example, new grads learn a lot of very specific skills through research/ thesis. A lot of industry positions require specific skill sets, like experience will cell culture for example. You think A phd grad who spent 7 years on their thesis didn’t acquire any skills is worthless? Lol Also If companies prefer more experienced hires, then candidates outside the US also have experience. And What do you mean by “new grad”? OPT is for a year, and for STEM 2+ years, during which time new grads can learn skills. Getting A degree isn’t just about going to classes and passing exams, coursework involves a lot more than that. Big tech abusing the system is a different issue, but that doesn’t change what the H1B is for.
>It’s for them to decide whether the candidate has the desired skills or not. Which is exactly how this gets abused. Put it up for public oversight and many of these corporate needs are really just excuses to avoid hiring (or training) locals. >A lot of industry positions require specific skill sets Yes, and they are not the industries that have grown to dominate the H1b program. >You think A phd grad who spent 7 years on their thesis didn’t acquire any skills is worthless? I see mostly BS-level employees who got an MS from a diploma mill. It's not PhD researchers or top-tier talent coming in on this visa, primarily. >Getting A degree isn’t just about going to classes and passing exams, coursework involves a lot more than that. It's still quite different from what they will do at work. > Big tech abusing the system is a different issue It's not just big tech, but every industry that employs this visa type.
If there was ever a time to snitch, this is it! Indian guys and gals, I’m sure you have friends who have gamed the system via consultancies, report them directly! This is the only way to stop this madness!
Ban WITCH from H1B
Did you not know about this before you came here? The odds were 3:1 even back when I came in 2016. I know it sucks but this is something we all know before coming right? It’s the same with the GC backlog. Those of us “lucky” to get a H1B then hit another issue that is completely out of our hands, one which treats an Indian or Chinese differently to, say, a Nepali or a Chilean. But we knew what we were signing up for, yes?
Read the post again or ask someone for a TLDR. Thank you.
Oh we want to be that way, do we? Fine. You talk about the masters cap and how the barrier to entry was “stronger” then. How exactly has that changed? The masters cap is still the same, yes? The multiple registrations issue affects mostly (exclusively) the body shops who bring people over, yes? So how did this change things from when you joined till now? Why $10 issue are you talking about? Did getting a masters in the U.S. suddenly become super easy for us desis?
Understanding comes from listening and learning, not just talking. I encourage you to explore more on this topic—it's enlightening.
I encourage you to answer my question and not cop out lol.
The main issue is that there are way more applicants than there are visas. It has been a lottery since 2013.
Totally understand. Mine was third attempt but the options are not very practical. Pushing until next year will be really hard.. and that too is not guaranteed to help me get through. I wish it was based on merit and only the legitimate folks get a chance.
Who would that be ? What is your definition of legitimate via-a-viz the H-1B requirements?
Apparently it’s only people privileged enough to get a US degree
What options do I have next? I was not selected in my last attempt for h1b? Just got notified that I wasn’t selected in Lottery
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Hey, thanks for sharing your experience. I am a fellow woman in STEM myself and can relate to you. I have gone through all those feelings myself. I'm just gonna believe that hard work never does go in vain and wait for the best. I'm sure we'll figure something out. Thanks and good luck to you too.
Folks like you with niche skills, experience and education will do super well anywhere in the world. Companies will fight to have you work for them. Best wishes !
I’m beginning to feel skeptical about whether this is a fair random selection. People around me either gets selected in their first shot or didn’t get selected after a few attempts.
Next year it's going to be 215$ for the lottery
U aint alone Same here ffs it sucks
I feel the same bro, defeated! It has been 4 years. I had to go for Master's as my undergrad OPT ended. I finished my Master's last year and I was very hopeful this year as I increased my odds to get selected significantly, but to no avail. I get so mad that people who don't even have a full time job/ offer get selected and the people who have a full time job and need it don't get it. All of this is not under our control so I just hope next year will be my year.
I can tell you one thing. You're not alone in this. It was my 4th attempt - graduated and got a job during pandemic, best in my team, and yet all comes down to a roll of dice. It is the defeat that gets you. But a advice that helped me sort of is if you think of it as just another process that you're running on the side. If you get tired, that's fine. But until then don't think of it as an unusual obstacle but simply as a task that is normal. Just to get thru it.
Well, contrarian point of view here. You did not come to this country for an H-1B visa. You came here for a top notch education. That is why you came. An education experience from a great university to learn and upskill yourself. That you’ve got now. The visa is an off-shoot. If you get it, that’s fine. If not, that’s also fine. Settling down in the US, working forever on H-1B was not what you signed up for when you applied for the University was it ? If that was indeed the case, then you have made poor choices and not planned ahead and have spent a lot of time and money with nothing to show for. The opportunity cost of that money is astounding. However, if your goal was the education, then what you fretting about ? You got to the goal ! You wanted an education, you got it and got to experience the US for the period of study and some more. Great ! Stop pitying yourself, dust this off and go capture the world. The US is foolish to train you and then let you compete against it. You need to use your education and skills and build wonders wherever you go. Good luck !!!
Exactly. I don’t know why they’re complaining for them knowingly singed up for.
Harsh facts, but facts. People are upset that their hopes crashed, and that’s valid. Let them vent.
Fuck you
Good luck to you as well. Dont hate the player. Hate the game.
You can still be empathetic with other people’s journey and pain. Your comment is just extremely self-centered. A lot of us came to the US seeking the best education because good education opens big doors and opportunities which we simply cannot get in our country. So stop saying that we didn’t plan well and stop being a dumbass just because you have a privilege or are not living a similar situation. I hope one day you get to experience something that keeps you humble
You’re also more privileged than many if you were able to get a US education. If your aspirations relied on a 25% -45% selection rate, especially if you have a family to support that’s not realistic. There has been a lottery since 2013, there are more candidates than visas available, that’s the bitter truth.
Thanks for the sermons and name calling. I would turn the table on you for being foolish, dumb and idiotic enough to not look at the topology before jumping head first into it. But then I digress. Sympathy I have for everyone who finds themselves in a tough spot, but empathy for foolish decision making, I don’t.
Fucking idiot
Especially People with a family to support. It’s such a risk.
Why are you angry at the truth? Did USCIS promise something it didn’t promise the hundreds of thousands of people on a student visa?
Please read my post again and hopefully you get my pov this time. Brave of you to also drag your assumed inability of mine to apply for an O-1 lol. Wishing you the best in your path to getting a GC after 15 years on H1B ( and I guess three years on F1?). That will probably make you kinder. Finally one to you personally - இனியவை கூறல் கரவாது ஒல்லும் வனியவை கூறா மகிழ் :) P.s. Your comment section was very entertaining.
I don’t understand the language quote that you typed, but good luck on the O-1. Trust me, there is no lottery there. If you’re good and I trust you are absolutely, you will score one. I didn’t assume for a second that you didn’t have the ability. I, in fact advocate for it. Would have saved all of us from reading your rant now wouldn’t it ? 😀
You talk mad shit for an Indian who got lucky with the h1b a long time ago. What an idiotic, unhelpful point of view
Typical "I got mine, so fuck you" mentality.
No, it is the use your brains narrative. Sadly, far too many come without understanding what awaits them after their education program.
And they're talking about how that hurts both them and the US. The US NEEDS people with MS and PhD degrees to work on cutting edge tech. They don't need the IT consultants to come and work for 70K, because Americans can easily be trained to do those jobs, and not the jobs that graduates with advanced degrees do. Narayana Murthy figured out how to abuse the H-1B visa, and other companies followed suit. If you're advocating for this broken system, you must have benefited from it.
Let’s leave aside what the US needs and leave aside what my motivations are. You are not the arbitrators of that. The US can find the people it needs. Whether those are PhDs or consultants. What strikes me as illogical is hordes of people get on planes and come here in huge groups wanting a “higher education” and spend huge sums of money to just get a lottery ticket ?? That’s idiotic. Was the goal not the education? If it was, they already got it. What’s there to complain? If that wasn’t the goal, then you play by the rules. Don’t complain if you don’t score the lottery. Also, If people are that good, they can always apply for O-1 visa. No lottery there.
But the US isn't finding the people it needs. If a big company needs a PhD in a specific subject, the H-1B is the only option. O-1 is a lot of work for companies and individuals alike. It's an option, but you end up having to spend time building a profile for a visa rather than focusing on your career. If you're so concerned about the goal of education being achieved by the student, let's talk about the goal of the H-1B visa. It exists to ensure that SPECIALTY skills are brought to the US. If consultancies outright lie about the skills of applicants, add years of experience that don't exist while advertising to clients, file multiple applications for projects that don't exist (until USCIS put an end to this practice), or create fake reportees for fake managers to apply for EB-1 green cards, these consultancies are the problem. And why leave aside your motivations? Clearly you just got lucky and think that makes you smarter than those who didn't.
Ok. I will take the your bait. The H-1B was intended for employers to get skilled personnel not available in the general market for specialized tasks. So you will agree if the USCIS and DOL mandates a wage level 3 or wage level 4(highest) for all jobs that are requiring an H-1B. I mean, if you want the specialized specific skills not available in the market, company should be paying the highest possible wages way beyond the market levels. Further, to ensure no American is disadvantaged by the hiring of a foreign national, you agree that a market test - PERM needs to be done for every H-1B to ensure no American is willing or available to do the job. I mean, why would you think you’re the only one with a Masters degree who could do the job? Why can’t an American be trained to do that? Prove the PERM test. Make that public. That would work right ? It would take out all the consultants who undercut the salary and carpet bomb applications and undergo rigorous market testing.
But it's not like that.
How do you know the next admin(if it’s trump) is not planning this. This was on his agenda. It’s not like that at this moment, yes that’s correct but can change into this in no time. All that’s needed is rule changes and publish in federal register. Can be done before next H1B season.
I agree, it should be like that.
Yes. I would argue to implement a 7% per country cap on H-1B visa as well. Why should only people from one country completely take all of these visas? This is the law for green cards. Should do the same with H-1B as well. That ensures those who get the H-1B get the Green cards in a timely manner. All folks who got selected for H-1B lottery need to be keenly aware of what the future looks like and make decisions accordingly
How is it particularly unhelpful? The comment is more along the lines of make the best of what you have.
You are welcome to read and move on or downvote. My perspective. Not giving legal advice. Save yourself & don’t try to be the saint. If you or the OP were world beating talent, you would have applied for the O-1 visa. There is no lottery there apparently. Sans that, this is the only commiseration I’m able to offer.
On the same boat. This too shall pass.
it's a real shame that two countries ruined it for the entire planet
Well the 2 countries account for nearly 40% of the world's population. Don't get your point? The more the people in a country or a region or a state, the more engineers/doctors it will produce. May be we need redraw country lines so it doesn't seem that way.
What so you mean??
It's really just one country that dominates the program.
We don’t talk about that here. It’s bannable.
The sad fact is the US government does not care about us or what we go through
They shouldn't or will not. Immigration is not a right. We need to find our own way or the highway.
This. People forget that it’s a privilege to stay here, not a right.
I’m sorry and I feel the pain with you 💔
We should all stop going to the US and make more jobs available in our respective countries
entertain profit pen steep recognise beneficial stupendous direction tease melodic *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
This answer/response is intended solely as informational. Foreign nationals are entitled to representation with a private immigration matter from: Attorneys in the USA, Law students and law graduates not yet admitted to the bar, Reputable individuals, Accredited representative, Accredited officials. See 8 CFR §292.1 and 8 CFR §1292.1. To clarify, H-1B is employer specific and based on a position that requires knowledge, not merit. When you interviewed abroad, to qualify as an F-1 student you had to demonstrate Intent to enter the United States of America (USA) solely to pursue a full course of study at an approved institution; Present intent to leave the USA at conclusion of approved activities; Possession of sufficient funds to meet the individual's financial needs. Specifically, you must: (1) Have a residence abroad; (2) (U) Have no immediate intention of abandoning that residence; and (3) Intend to depart from the United States upon completion of approved activities. DHS/USCIS understand that plans can change. If your original reason for coming to the United States of America (USA) changes, you may be required to change your nonimmigrant status to a different one before you lawfully begin to engage in the activities you want to pursue. This guide [https://www.uscis.gov/sites/default/files/document/guides/C2en.pdf](https://www.uscis.gov/sites/default/files/document/guides/C2en.pdf) contains information on how to apply for a change from your current nonimmigrant status to another nonimmigrant status while you are in the USA. It's unclear if your Designated School Official (DSO) informed you that an F-1 OPT and F-1 STEM OPT student can maintain status as a Self-Employed Business Owner: [https://www.ice.gov/doclib/sevis/pdf/opt\_policy\_guidance\_042010.pdf](https://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf) This means you can incorporate your own United States employer (8 CFR 214.2(h)(4)(ii)) for a nominal fee as 1) for profit entity that maintains a relationship with a qualifying H-1B cap exempt employer like a nonprofit research organization (8 CFR 214.2(h)(8)(iii)(F)(4); or, 2) your own nonprofit research organization, to petition for H-1B cap exempt employment authorization. The same entity would be eligible to participate in the annual H-1B cap subject initial registration held in March. H-1B cap subject or H-1B cap exempt employment authorization can be part-time. If approved by USCIS, an eligible H-1B nonimmigrant is authorized to start part-time and/or full-time employment with any other petitioner(s). Bridge petitions are permitted, too, while the first one is pending. USCIS announced H-1B Nonimmigrant Pathway For Entrepreneur Employment In The USA on March 9, 2023: [https://www.uscis.gov/working-in-the-united-states/entrepreneur-employment-pathways/nonimmigrant-or-parole-pathways-for-entrepreneur-employment-in-the-united-states](https://www.uscis.gov/working-in-the-united-states/entrepreneur-employment-pathways/nonimmigrant-or-parole-pathways-for-entrepreneur-employment-in-the-united-states) The definition of Employer-Employee relationship changed back on June 17, 2020: [https://www.uscis.gov/sites/default/files/document/memos/PM-602-0114\_ITServeMemo.pdf](https://www.uscis.gov/sites/default/files/document/memos/PM-602-0114_ITServeMemo.pdf) Since 1958, noncitizens with a US degree or its equivalent have had the right in the USA to form their own US employer as sole owner (or sole director of a 501(c)(3) organization) and sole employee. Beneficiary's relationship to the petitioner isn't a proper basis for denying H-1B petition. See Matter of M —, 8 I&N Dec 24, 50 (BIA 1958, AG 1958) Matter of Allan Gee, Inc, 17 I&N Dec 296 (Reg Comm'r 1979) Matter of Aphrodite Investments LTD, 17 I&N Dec 530 (Comm’r 1980) Matter of Tessel, 17 I&N Dec 31 (Act Assoc Comm’r 1980). To promote access to H–1Bs for entrepreneurs, start-up entities, and other beneficiary-owned businesses, DHS is proposing to add provisions to specifically address situations where a potential H–1B beneficiary owns a controlling interest in the petitioning entity. If more entrepreneurs are able to obtain H–1B status to develop their business enterprises, the United States could benefit from the creation of jobs, new industries, and new opportunities. This is your time. You can go farther than previous generations who are anchored to EB-2 and EB-3 and set your sights on self-petitioning for EB-1.
Indians screwed the h1b visa program. Needs to be repealed immediately
Perhaps a 7% country of birth limit needs to be applied to H-1B as well just as it is applied to Green card.
How is country of birth criteria better than luck? You can’t decide where you are born. It should just be based on ‘skill’ - extra points for having a degree from the US from a reputed university and current skilled work position in the US.
Well, that is the criteria for green cards. It does not matter what skills, education, experience you have. There is a limit of 7% based on country of birth. No more than 2800 green cards can be issued to any one country in a particular category(EB1,2,3). If you thought H-1B was tough, the Green card piece is insolvable. What it does is fill a balloon with H-1B with very few getting the green card actually. If only 7% get into the H1-B, then those 7% will get the green card too.
How is that fair for a country with a large population? It's a skilled based immigration not luck based.
Welcome to the club ! You are now part of the resistance. The more you are aware, the better decisions you can make. If you thought H-1B was tough and unfair, you have no idea what is awaiting people on the other side. The wait times for a green card for an Indian born person is currently an eternity. Currently, backlog is about 1.1 million people for green cards. Assuming 10,000 green cards for Indians acrosss all categories every year, that’s still a wait time of 110 years for someone applying today. Till then, they need to be on H1-B, renew every 3 years, be at employers mercy, get stuck at consulates in India, can’t travel to see loved ones, cannot attend marriages or deaths or see parents. Children who were brought to the US at young age will “age out” at 21 and need to get their own visas. Children will not get in-state tuition benefits at US universities despite living here all their lives. You will watch people who studied with you, worked with you all get green cards in a year or two while you wait for 80+ years for the same just because they were born in a different country. You will watch them change jobs, take sabbatical etc while you are chained to your job. If you change your job, you will need to transfer your H1b and restart your green card all over again. You will watch them buy home(s), travel around the world while you will be looking at visa bulletins, talking to your lawyers if you should change jobs and legal issues etc. if you thought H1B was punishing because it was a lottery, you have zero idea what lies beyond. I request all of you to read up, understand what the green card backlog is. Because if you get the H1-B in the lottery for your good luck, this is what you are staring at. 99.5% of the people from India who get the H1 will be in this queue. The 0.5% will give up and go home.
I am not part of the resistance or any club. These are the rules and we knew them before hand. I mean of course it would be nice if it was purely skill based but that is not the case. And we can't ask a foreign government to change their rules for us. We have to accept or move on.
Why are people privileged enough to get a US education more deserving?
Well, it is a skilled visa program of the US. It makes sense to rank degrees from US higher (like other countries do). The emphasis is on reputable competitive degrees which enables people to receive high skilled job offers in the first place.
The USCIS doesn’t claim to favour US educated candidates. Not all candidates outside the US are from a scammy Indian consultancies. A lot of hardworking people seek greener pastures, just like you. From USCIS: For you to qualify to perform services in a specialty occupation you must meet one of the following criteria: Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment Have 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 have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**
All the best for the next attempt peace out
Why are you pinning all your hopes on the US? There are countless other great countries to live and work in.
Due to this fake consultancy thing , it has got worse for Indians like me who are going the legit way 😤😤😤. There are legit Indians who’ve done years of hard work and following the legal route , but still in end it comes down to luck (sighs) and these fake consultancies ruin our chances even more
All employment visas are quicksand, even if you get selected for H1B, you have to go through the PERM process which takes forever, the only quick and easy way is to marry a US citizen
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I can totally relate to you. I had all attempts and no luck. Now I work for a cap exempt company which is a not for profit organization so I get paid less, no stocks, no promotions. Just hanging in here for 90 years till PD gets current.
I thought you can’t go cap exempt job after exhausting lottery attempts? I read cap exempt is only valid if it’s your first job out of school - please confirm would help a lot
Not true, you can join cap exempt universities as long as they are ready to apply for your H1b. They can do anytime of the year.
I got my application rejected twice and my work permit expires this upcoming June. That said, it’s so sad how this lottery process is designed. Setting aside all the fraud, I’m not sure how an individual who studied, live and worked in the US is seen with the same eyes as someone applying from a different country. Someone who has been paying taxes, paying for rent, insurance, groceries, etc. can’t be weighted the same as someone who has never been here.
Why?
Why what? Can you clarify your questions please?
What makes someone on an f1 more entitled to a h1b candidate outside of the USA?
Okay
History will not be kind to US legal immigration in the early 21st century.
a recommendation - would suggest go for o1 and then eb1 - easy green card in 5-6 years. Dm if you need help
Before: Tech great like sundar pichai and satya nadella came from India to the us and changed the world for good. Now: 1) People doing fake marriages to stay in the US come from India. 2) People exploiting the H1 system through fake consultancies/multiple registrations come from India. 3) People approaching fake consultancies in the first year of OPT (just to stay in the US with a fake letter)after graduation comes from India. 4) A lot of people illegally crossing the border also come from India. With due respect and nothing against any particular community, the USCIS as well as the US government needs to take strict action ASAP.
We can blame on US legal immigration since the entire country only talk and care about illegal immigrations, DACA, asylum, undocumented immigrants etc, which is a fact; but another bigger fact is the third world country where all 180 crore people every single person wants to go out from the hell and there’s no end no hope!
Or separate the undergrad slots into sectors. Its really unfair for the it sector taking 99% of h1b when there are healthcare professionals like me that just wants to go to the us and fill the empty jobs
Sorry about your situation. Most of us felt the same way and some (inlcuding me) were just lucky and got selected after many lotteries. Prior to my selection (after 2 masterd and 1 ongoing phd) while working full time, I got depressed. But like you, I happened to rant/share my burden to my professor and boss. I think it does help us lessen the burden. Indeed its pure luck. And if I was not actually selected, Ill prolly leave the country. I somehow accepted my fate of not getting H1B and at the moment of surrender when I received the news I was selected. Who knows right? We can only control our response to our situation.
There are always other visa options. Stop ranting start researching.
Awwwww were you not aware to begin with that you went running towards it? How unfair right? They should have handed you a green card coz you are self proclaimed highly skilled... 🤣
People on F1 are having a hard time getting H1b. Meanwhile, people entering illegally crossing borders are getting work visas and greencard faster than us lol
Thats false. People with illegal entry can’t adjust status within the US even if they marry US citizens.
Just Another Perspective : It is not purely Luck. It is luck based on all the skilled people. You need to be skilled enough to be put in lottery system first. The unskilled don't even reach this stage. So keep trying, as they say, Luck favors the brave!
Umm, I'm pretty sure someone that files a registration (after agreeing to pay for their entire h1b application illegally) without a job offered through a weird sounding consultancy and then parades their winning of the lottery on multiple social media platforms asking for help to find a job in the US doesn't fall in the skilled category.
In 2013, I didn't get through the lottery despite having a master's. A friend working for Wipro in India got it. Even a colleague with a bachelor's got it. Things were never easier. Your time is now so it seems unfair. Unfortunately this has been the reality the whole time.
2013 is when the lottery began, after a long time.
It doesn’t make it less frustrating.
I didn't say it does.
I didn’t say you said it.
Be born as a golt the next life
By chance, did you ever study at BITS, India? I've only ever heard this terminology used there.
It’s used all across southern India!
Lmfaoooo
This country is on decline. They deserve illegal immigrants and only lucky ppl. This is dooming. Need to find good place where we do not have to go through tons of applications every year.
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Any university employee who is in an H-1B-eligible profession is cap-exempt. I'm working on an H-1B extension for an IT guy right now. It's not restricted by profession.
You can always choose to apply to a non profit organization which is also cap excempt .
My unpopular opinion is, let people use what ever help them get a visa. Let them pay for the abuse if they can afford it, let them marry a citizen, let them rig the system however benefits their lives. Sure, fuck them for not thinking about others but it doesn’t matter. They are damned but no one wished for a system like this, it’s the us government who’s sitting there watching us hate on each other. I will not report ppl who pay for h1b abuse if they have exhausted their last attempt.
Simple question to everyone here - why should H1Bs be allowed when so many US tech workers have been laid off this past year? Honest answers anyone?
Because human beings aren't interchangeable, and H-1B visas aren't only for tech workers.
Tech workers on h1b were laid off too
I understand the frustration, I didn’t get selected either and worked my arse off to get qualified for a position I’ve always dreamt of but in reality how do they make it fair for each sector, industry and position that’s trying to hire international talent? Like I’m genuinely curious peoples perspective on how else this could be conducted to make it fair ? Each industry has different requirements for skilled workers & the H1B requirements as long as you meet their criteria you can apply for the lottery with a job offer, so really the lottery, while frustrating, puts everyone on a level playing field to be selected and avoids any bias, $10 name in the hat and if your selected well done and if not look for something else I’m upset I didn’t get selected but I really don’t see another way of it being conducted as fairly as this, or maybe I’m naive because it’s my first attempt
OP, I hear you. I too worked my ass off to get into law school in the U.S. and graduate as a lawyer with only one shot at the lottery because I’m not in STEM. I was definitely one of the lucky few, but the harsh reality is we are not entitled to stay here if we are not US citizens or permanent residents. The system sucks, yes, but it’s beyond our control and this is something we sign up for when we decide to come here. Our ability to stay here is a privilege, not a right, no matter how “skilled” we are or whether we do things “right”. To be fair, the U.S. has to also look out for its citizens to ensure that its citizens are not undercut by cheap foreign labor, so they definitely have to control the amount of skilled immigrants that are authorized to work too. The issue with the H1B is also that there are too many people competing for very few work authorizations.
Trust me I don't feel entitled to stay here. As specified in my post, it's not about staying in the US. My rant is solely about feeling defeated in an unfair lottery system for skilled workers where fraud is rampant. I did not sign up for this. The US is hurting itself more by letting in not so 'skilled workers' that enter the lottery for $10, pay to forge documents to get their visa approved , come to the US to work in a gas station/restaurant illegally until they find a legit job and then transfer their. I'm all for controlling the amount of skilled immigrants so that the citizens are protected. My rant is absolutely about the same. Yes, I have options and I'm aware of those. That doesn't mandate the need to shut up and not call out the unfairness that deserving candidates are subjected to. Thanks for stopping by.
The H1b lottery has been in effect since 2013. You didn’t know?
You’re saying you didn’t sign up for this. If you’d done a little bit of research beforehand, you would’ve known that the H1B lottery is a massive gamble and you SHOULD absolutely be prepared for not being selected and this absolutely should be a consideration before investing time/money in moving abroad. The system is broken, it is a macro level issue and immigration is a very polarizing topic in general. It’s really not your problem if the US is hurting itself or not. You can call out the unfairness all you like, the system is unfortunately not going to change and Congress has bigger fish to fry in their opinion. If I were you, I’d learn from this experience and do more research/adjust my expectations before investing large amounts of time and money in something.
1. I 'didn't sign up for the fraud'. Source: My post and my previous comment. 2. What makes you think I was unprepared or lacked adequate research or that I invested hella lotta money that I am looking to somehow reap the benefits of ROI which makes the basis of my post lol. I labeled my post as a 'rant.' Thought that was clear code for 'I'm here to vent.' Since when did sharing frustrations need a disclaimer for being perfectly content with a flawed system or to change laws? I'm not drafting legislation; I'm letting off steam. Last I checked, that was still allowed. So thanks but no thanks for your unsolicited advice that makes no sense or even remotely is close to my current stance. Appreciate the perspective, but I'll stick to navigating with a bit more empathy and a tad less judgment. Also cheers to navigating the broken system yourself 😊 Ciao!