It's not just Infosys doing PERM fraud, around 2020 Meta had been barred from filing PERM due to overwhelming fraud. And are there really 85K unique and impossible to find in the US individuals every year? If these exist they will take a small fraction of H-1B allocation and the rest will go to the fresh grads, as it's now.
It's fine to have various aspiration for H-1B but the issue in the topical article is, ultimately, with businesses defrauding the United States and getting away with it. Meta got barred from filing PERM for several months and ended up paying $4.75M, which is probably less than it spends for catering per month. Nobody got disbarred, nobody went on trial, so it's just a tiny cost of doing business.
This is off the cuff game theory, so please feel encouraged to poke holes in it.
Would my point B not limit that fraudulent behavior as now the brought in migrant would be free to compete for a better position with higher pay and/or better benefits to the detriment of the company that paid an entry fee?
I would also expect this to result in massively less immigration for the same reasons companies are loathe to train entry level employees nowadays as they can jump ship as soon as they become valuable
>Would my point B not limit that fraudulent behavior as now the brought in migrant would be free to compete for a better position with higher pay and/or better benefits to the detriment of the company that paid an entry fee?
I don't see how. As I understood, you mean that you want H-1Bs to be able to change jobs, not to hang in the country unemployed? It is already so. Of course, H-1Bs are not the only way foreign labor is imported, L-1s, for example, cannot change jobs and there is no limit on them and every big corp in the US has an office in Canada, where they hire foreigners from all over the world and move them on L-1s to the US, it's much easier and cheaper than H-1B.
However, the fraud here is: a) committed by a US business, not a foreigner and b) is not related to any non-immigrant visa such as H,L,or O are. It's a fraud in immigration process. And the immigration is the expected perk of working for a company on a temporary visa. If companies stopped filing for immigration then they would not be able to hire as many temporary visa employees.
I’d be fine, as a citizen competing against migrants for jobs, if h1bs were structured so that they
A: were the top end pay, so they pushed the pay scale up
B: were uncoupled from employment. A company could pay the cost to let someone enter, but that person should be able to jump jobs day 0.
I’m not suggesting the specific implementation but I feel like if those two guiding directives were kept, both society and the individual workers would benefit from brain draining the rest of the planet while simultaneously pushing worker comp higher.
Has anyone suggested a significant change to the h1b system like this beyond just a close it all/open it all binary?