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Friday, April 04, 2008

April Fool: Gaming H1b

posted by 
Gerry Crispin (172)

April fool.
 
I find it most appropriate that the stampede for H1b visas occurs on April 1. I'm sure that the 65,000 cap was exceeded in minutes or hours this year setting up a lottery drawing once more to award the the 65,000 visas.
 
So, the question is- if a lottery is the mechanism for how I get the prize, how can I improve my chances of getting someone I need a permit to work here?
 
Enter the lottery strategy. One way (there are many which is why immigration lawyers are having a field day) is to buy multiple tickets.
 
But, unlike the state lottery where buying hundreds of tickets barely changes your chances to win the single prize, firms have learned that multiple "entries" to get an H1b significantly increeases a candidates prospects of being one of those 65,000 winners.
 
What a sad state of affairs. Companies with the most money and the canniest lawyers are incented to pay for and submit dozens of applications if they really want a candidate.
 
Ever wonder what that looks like in a meeting?
 "Hey John, let's try 2 apps for Helena. Natasha is more important than Helena so double that to 4 applications and, Ben, we've got to have Ben, he's our best bet for clinical research so he needs a 20 app package".
 
Insanity. The government of course turns a blind eye...or do they?
 
According to a recent SHRM article (available to members), DHS Rule Limits H-1B Visa Applicationsan attempt to make a fairer process resulted in a new ruling where, "The federal government will reject multiple H-1B visa applications filed by a single employer on behalf of a foreign national whom the company wants to hire."
 
However, there is an exception (there are always exceptions) and "H-1B visa applications filed by related companies—such as a parent corporation or a subsidiary firm—on behalf of an individual who is a candidate for jobs at all the organizations filing applications will be accepted".
 
Back to square 1. If you want to win here in the US, you have to learn the rules and "game" the stupid system....or, if that offends your sensibilities then just move the functions to Vancouver, Shanghai, Mumbai...or any European Union country for that matter where more rational business processes prevail. It's simpler, fewer hassles and a ready supply...given our attention and investment.
 
April Fool America.
 
 


posted 4/4/2008 at 8:16 a.m. PT permalink | comments (1) | trackbacks (0) | email this posting
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comments

More food for thought…
posted 4/6/2008 at 12:43 p.m. PT by Luigi Lupo

Great blog – interestingly…Infosys Technologies and Wipro, both India based companies, were at the top of the list of visa recipients in 2007, according to the U.S. Citizenship & Immigration Services.

Actually, six of the top 10 visa recipients in are based in India. Microsoft and Intel are the only two traditional U.S. tech companies among the top 10 visa recipients in 2007.




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