You are viewing a single comment's thread.

view the rest of the comments →

[–] Wharleas 0 points 4 points (+4|-0) ago 

It is already so. The common case of H1B aliens:

  • You have to pay them more than market average for that job
  • There must not be a US worker who can do it despite the high pay
  • Discriminating on the basis of H1B is legal
  • Application has ~$10k in govt fees
  • Cannot apply without paying a lawyer even more
  • Company must pay the fees, charging the alien is illegal
  • Whole application process takes many months (cannot start working until it's done)
  • You can only apply during 1-2 periods in the year, each period is a ~5 day window because it fills up so fast
  • Even if your guy qualifies perfectly, there's still a lottery and he has a 1 in ~10 chance of actually getting it (fees not refunded if he fails)
  • Most of the visas every year are given out to handful of entrenched companies like Tata anyways

The problem is that some companies find loopholes. Over time, these loopholes were "attacked" by adding more bureaucracy. But the bad actors are not getting away with it because there's not enough rules, they get away with it because they're corrupt. They have special deals with the government where they'll get ~1k blank visas every year. Then none of the above issues apply - they've basically been pre-approved and are free to hire whatever Indians or whoever they want, which they of course use to hire bulk labor. So we have a system that does nothing to prevent what it's supposed to (flooding with mediocre workers) and when companies legitimately need to hire a very qualified foreign expert, they can't because of the regulatory burden (at this point the H1B process is only realistic if you're doing it at the scale of thousands of apps every year).