H-1B proposed Changes – Could be a Boon for MBA Applicants https://e-gmat.com/blog/wp-content/uploads/2017/02/People-image-3.jpg Over the last few days, a number of you have written to me about the proposed changes to the H-1B Visa reform and its impact on your ability to secure a job post your MBA in USA. Hence, we did some research, the findings of which are presented below. You may also download the PDF here Summary of findings Since this is a pretty long article, I have added a short summary here. In essence, the proposed changes (if implemented) can be extremely beneficial for most MBA candidates because of the following reasons: 1. Proposed changes may lead to higher chances of securing H-1B Visa : The H-1B visa program is severely abused and hence oversubscribed. Even with a sponsor, an MBA graduate currently has a 33% chance of securing the H1B visa. The proposal in the senate intend to address the abuse and in turn drastically increase the probability of securing a Visa. (Most Post MBA jobs offer $100K+ salaries) 2. Minimum salary is not a must : The $130K number proposed by Zoe Lofgren is only for exempt filing process, that too for software engineers. It is completely possible to secure an H-1B visa while drawing a much lower salary by following the non-exempt process. 3. Faster Green Card processing : A part of Zoe Lofgren’s proposal requires that employers file for immigration paperwork for H-1B Visa holders within 3 years. Currently very few employers do the same. 4. Probably higher intake by B- Schools : Quota for H-1B is one of the things holding back B-schools from admitting deserving qualified applicants. As the chances of securing H-1B visa improve, schools may admit more international applicants. 2.BACKGROUND – WHAT IS H-1B VISA ? Why is it important to understand the purpose of H-1B Visa - because it lays the foundation of the abuse of this Visa instrument as described later on in this document. H-1B provides an instrument to US employers that allows them to hire foreign workers to bridge qualified and skilled labor gap in certain business areas. Essentially if there is a job for which suitable or sufficient local talent is not available, an employer may bring in a foreign worker to fill that gap. Technically, the two only conditions required are that skill gap be demonstrated and the foreign worker be paid fair wages. Note, H-1B Visa is not just for IT/Tech professionals. Any kind of skill shortage can be fulfilled using this instrument. In 2015, the H-1B visas were awarded to functions in 18 occupations including social sciences, arts, law, etc. If fact, the first lady Melania Trump came to USA on an H-1B Visa to work as a model. 2.1 HOW MANY H-1B VISAS ARE GRANTED EVERY YEAR? There are 3 categories in which H-1B Visas are granted each year. Please see the table below for the same: https://e-gmat.com/blog/wp-content/uploads/2017/02/Table-H1B-Visa-types-e1486010332840.png Because of these unlimited exemptions and roll-overs, the number of H-1B visas issued each year is significantly more than the 65,000 cap, with 117,828 having been issued in FY2010, 129,552 in FY2011, and 135,991 in FY2012. However, MBAs are primarily concerned with the 65,000 + 20,000 = 85,000 quota. From now on, we will talk just about this quota. 2.2 HOW IS H-1B VISA GRANTED? There are two methods for granting H-1B Visa. 2.2.1 Nonexempt filing This is the “original filing” method for filing an application for H1B Visa. Under this process, you need to demonstrate that there is a shortage of a certain kind of skilled worker and that the H1B hire will not directly replace a current position (within 120 days) in the parent company or any other company that the parent company has a relationship with. The technical terms associated with this process are non-displacement, recruitment, and hiring and are explained in Appendix 1. https://e-gmat.com/blog/wp-content/uploads/2017/02/No-minimum-wage-requirements-e1486010894808.png Employers following this route do not have minimum salary requirements i.e. they can pay any salary that is deemed reasonable for this position. 2.2.2 Exempt filing In 1998, a change was made that led to “Exempt filing” process. Under this process, the employer filing for H-1B visa did not have to worry about non-displacement, recruitment, and hiring as long as the H-1B worker • Receives $60,000 annual wages; or • Has attained a Master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. Note, this H-1B worker was deemed as Exempt H-1B Worker. Here is the official statement: 3.0 HOW HAS THE H-1B VISA BEEN ABUSED The Exempt filing process gave employers an amazing tool to displace American workers using H-1B Visa. This is because of a major flaw with the 1998 bill. While the $60K wage requirement in the 1998 bill was consistent with the IT salaries then, this bill did not index wage requirements to keep pace with wage growth or even inflation . As a result, H1B employers got a legal method to displace higher earning American workers with H-1B Visa holders. Hence, as wages in IT sector grew, outsourcing companies found a means to import engineers from India not to augment a skill gap but to replace already existing workforce, especially with the wage inflation in IT sector. Non-Exempt process goes out of fashion With passage of time the non-exempt filing process went out of fashion with IT employers because: 1. It required more paperwork. You had to prove that local talent was not available. 2. You had to pay the H-1B visa holder more (remember it required that employers pay competitive salaries, something that most H-1B employers don’t do. Read the section of abuse for more data on the same). Essentially, very few people use the Non-Exempt H-1B process now. 3.1 WHAT IS THE EVIDENCE THAT H-1B VISA IS ABUSED? This is a very important question and there is a lot of data available that proves that H-1B visa has been severely misused/abused by a large number of companies. There are two ways to prove the same: 1. Anecdotal Evidence 2. Statistical Evidence 3.1.1 Anecdotal Evidence There are a few cases in blogosphere where entire departments in companies have been replaced by outsourced workers. In January of 2015, nearly 250 Disney IT workers were laid off, and were replaced by workers from HCL and Cognizant. HCL and Cognizant got away with it, claiming that American workers who were displaced by visa holders were not their employees. Hence, even though the judge did not entirely reject the idea that the Americans were “adversely affected” by being fired, there was little he could do legally. The article below provides another data point. https://www.charlotteobserver.com/news/b ... 76692.html Now, I am not trying to question the ethics of the situation or whether something like this should be allowed as per the “free-market” economy. The point is that H-1B visa was not designed for this purpose and is clearly being abused by outsourcing companies. Read the section on Statistical evidence for more details. 3.1.2 Statistical Evidence This is the most damning evidence. Here is the logic!! If an H-1B worker were truly adding skills or closing a skill gap, the median wage of H-1B worker employed for computer related applications would be higher (significantly higher) than the median wage for the general Computer and Mathematical occupations group. (Basic economics – high demand, low supply leads to price increase). Unfortunately, the actual data tells a completely different story. The median wage of H-1B worker is way lower than the median wage for Computer and Mathematical occupation professional. https://e-gmat.com/blog/wp-content/uploads/2017/02/Median-wage-table-e1486007136825.png There is a significant difference in median salary of Initial Employment group to that of the sector ($67,000 vs. $81,430). Note, it is pertinent to compare their Median Salary since Initial Employment refers to the people who are employed for the first time under H-1B visa. Comparing 75 Percentile points show how bad the situation really is!! I was hoping that that at least half the people in the IT category would be employed to fill a critical skill gap. Hence, I expected the 75 percentile numbers to be much closer. I was surprised to find the opposite. The 75th percentile employment number for “Initial Employment group” for H-1B visa holders stands at $80,000 – significantly lower than the 75 Percentile number ($109,490) for Computer and Mathematical occupations. https://e-gmat.com/blog/wp-content/uploads/2017/02/75-percentile-wage-table-e1486007237978.png 1. https://www.bls.gov/oes/current/oes150000.htm 2. https://www.uscis.gov/sites/default/fil ... ort-14.pdf Comparing the number above, it is clear that a good number of H-1B Visas are allocated to replace American jobs and not to add skills missing in the economy today. 3.1.3 Which companies abuse the H-1B Visa? As per the data collected by NYTimes , a majority of the abuse of H-1B Visas is by India outsourcing companies. According to this NYTimes article excerpt Congress set a limit of 85,000 visas annually, and more than 10,000 companies applied in 2014. But just 20 companies received more than 32,000 visas. The article further goes on to state Under federal rules, employers like TCS, Infosys and Wipro that have large numbers of H-1B workers in the United States are required to declare that they will not displace American workers. But the companies are exempt from that requirement if the H-1B workers are paid at least $60,000 a year. H-1B workers at outsourcing firms often receive wages at or slightly above $60,000, below what skilled American technology professionals tend to earn, so those firms can offer services to American companies at a lower cost, undercutting American workers. https://e-gmat.com/blog/wp-content/uploads/2017/02/Wage-Distribution-H1B-e1486007381504.png From the chart above, the following things are very clear: 1.Pretty much every outsourcing company starts its pay scale at $60K so that it does not have to prove a shortage of skill. (exempt route) 2.Most firms that employ workers directly pay quite well (firms such as Microsoft, Intel, Google etc.). Unfortunately, such firms accounted for just ~ 5000 visas together in 2014. 3.Combining this data with the stats above, the low median wages for Computer Related Occupations - Initial Employment group seem to be driven by the outsourcing firms. 4.0 WHAT IS THE IMPACT OF THIS ABUSE ON MBA STUDENTS? Lottery System – Unfair to MBAs If the number of applications exceeds the annual quota in the first week, an occurrence common in the recent years, H-1B visas are granted by a computer-run lottery. For example, in 2016 USCIS received over 236,000 H-1B petitions for 85,000 slots during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption This hurts MBA students in three ways: Reduced chance of securing a Visa : It reduces their chances of securing a visa even when they have a sponsor. In the best case, there is a 1 in 3 chance that an MBA will be granted a H1 Visa. Take a look at this article that mentions a Kellogg MBA who had to go back because he could not get lucky in the lottery. Need to file for a visa by April 1 : If as an MBA, you don’t have a job offer by March 1 in your graduating year, you will not likely be able to apply for the lottery (remember, the lottery draw has occurred on April 9th since 2014). Fewer job opportunities : Many employers who know the numbers will not even consider H-1B candidates for many positions because of such poor odds. The last thing you want as an employer is to go through a hiring process and not be able to bring the person on board because of a lottery. This is especially true for MBAs because they are usually hired for critical positions. Based on the data from GMAC, only 28% of the employers who planed to hire MBAs in the U.S. in 2015 expected to hire international candidates. Those employers who did not plan to hire MBAs cited the H-1B lottery as one of the reasons for the same. In addition, Business schools limit enrollment of MBA students because of the H-1B cap. During an open discussion at AIGAC conference in 2016 Matthew J. Slaughter – Dean of Tuck School of Business, Dartmouth mentioned that they are unable to offer admissions to many deserving candidates because of the paucity of H-1B Visas. I am sure, other business schools feel the same. Remove the Loophole and there are enough Visas https://e-gmat.com/blog/wp-content/uploads/2017/02/Stop.png Just some interesting Math – the top 15 outsourcing companies get ~30,000 visas allotted to them (Chapter 3.1.3) Assuming a 1:4 allocation to application ratio, these outsourcing firms file 120,000 visa applications (or LCAs). Note, we have only accounted for the 15 big outsourcing companies. In addition, there are hundreds of smaller outsourcing companies in USA that fly below the radar. These all potentially could account for another 20,000 to 30,000 applications. Therefore, out of the 236,000 H1B petitions filed in 2016, 150,000 probably are filed by outsourcing companies. Most likely, 80% of these are for low cost IT jobs that would likely go away with the regulation change. (Based on the 75 percentile salary stats discussed in chapter 3.1.2) Essentially, if one takes outsourcing out of the equation, pretty much everyone who applies for a H1 Visa will be granted one. 5 BILLS THAT ARE PROPOSED 5.1 HIGH-SKILLED INTEGRITY AND FAIRNESS ACT OF 2017 There are two bills that have been proposed to address the H-1B issue. The more recent one called HIGH-SKILLED INTEGRITY AND FAIRNESS ACT OF 2017 is proposed by ZOE LOFGREN. This bill proposes: Resetting the current dependent wage exemption level from $60,000 to $130,000 A. Employers hiring IT workers that want to go for “exempt filing process” must pay “35 percentile points” above the median for the most recent national annual wage for Computer and Mathematical Occupations. This numbers currently comes out to $130,000. B. If the employer is paying the visa applicant lower than 85 percentile level then the employer must prove attestations regarding recruitment and non-displacement of U.S. workers. C. Eliminates the Master’s Degree exemption for dependent employers. This means that there will not be a separate quota for Master’s degree holders. D. Mandates that employers to provide immigration paperwork to the H-1B visa holder within three years of the date on which the petition was filed with the government $130K number is for “exempt filing process” and is “not fixed” There are a few things that I want to elaborate. First of all, the $130,000 number is for computer related jobs and not for post MBA jobs. Secondly, this number will likely be refined and be better defined based on the regional salary levels as well as job verticals. It is very possible that we end up being at 70 percentile rather than 85. Remember, this is just a proposal. However, one thing is more or less certain – the $60K pay limit for exempt group will be increased. The non-exempt route does not require a certain minimum salary No minimum salary that is proposed in the non-exempt route. Surely, going this route requires a bit more paperwork but remember, prior to 1998 doing such paperwork was the only route to securing an H-1B Visa. There are a few other interesting points about market based allocation of H-1B visas. You can read the proposal here . The last thing I want to mention is that ZOE LOFGREN is a democrat from California and has gone up against President Trump on his recently passed immigration ban. So there is a possibility that this bill may not pass in its entirety. 5.2 PROTECT AND GROW AMERICAN JOBS ACT Bill 2 - Protect and Grow American Jobs Act by Darrell Issa (Republican) and co-sponsored by Scott Peters (Democrat). Read more here. This bill proposes to raise the salary requirement exempt H-1B nonimmigrant positions to $100,000/year (up from $60,000/year currently) and eliminate the Masters Degree exemption. The bill requires an inflation adjustment to the salary threshold every third fiscal year In essence, this bill is similar to the one by ZOE LOFGREN except that it has a fixed ceiling instead of a floating one based on one’s occupation. 6.0 TO CONCLUDE – CHANGE MAY BRING MORE GOOD NEWS When passed, there are several potential benefits for MBAs if the ceiling on minimum H-1B wage is raised to discourage low cost outsourcing that displaced American workers. $100K or higher. These are: 1. Higher chances of securing H-1B visa. 2. More job opportunities. 3. Potentially more seats at B-schools. This change is good news if you are someone who is in the top 20 percentile in your MBA class. Why!! Because you probably bring something unique – something that’s worth paying a premium for. So keep a tab on the H-1B developments but focus on building your own unique brand. Work on that GMAT score – a 90+ percentile adds to the unique value you bring. Contribute to your company’s development, since your accomplishments there will also accentuate your uniqueness. Lastly, do multiple internships during your MBA as these will help showcase why you bring qualities that are otherwise in short supply. Bottom line – work hard, work smartly and make a difference!! In the end, I would say that America is a country of immigrants. It has always welcomed working and deserving candidates with open arms. Work hard to make yourself deserving and plan towards getting admitted to the school of your choice. Disclaimer: Both these bills have just been introduced. They are not an executive order from the president. Note, fewer than 15% of bills pass House and about 3% get enacted although with Republicans, Democrats, and the President behind these, there is a good chance that one of these in some form may be passed.

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H-1B Visa changes – A Potential Boon for MBA Applicants

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gshashank18

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25 Dec 2017, 02:02

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I have recently been admitted to MIB program of Fletcher School of Law & Diplomacy. In general, what are your views about the program? I am really worried about the visa problems in US. I will complete my study with a loan (tuition approx. $110k). Whatever I have saved will be exhausted on housing + boarding. What would you guys suggest? Should I go ahead and attend? or Settle on the program with peace of mind.

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25 Dec 2017, 02:38

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gshashank18

First off -> Merry Christmas mate.

Secondly, If MIB is what I think it is (master of international business) I would advise you against doing that program.
Honestly speaking, the school is really bad.Not like bad-bad but like really bad-really bad.Hell,its pathetic.Why did you choose it in the first place?
Why on god's green earth would you invest your hard earned money in a MIB at some ****-piped school.I hope you reconsider.
OR you are super rich and couldn't care less about $110 Grand.
But seriously Tufts?

Thirdly, any program you choose the risk would still be there. But the better the school, the more the chances of getting that dream internship.

How bad is Fletcher ?
On a scale of 1 to Hult -> It is Hult and probably worst!
AVOID!!

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25 Jan 2018, 00:58

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Hi people,

Does anyone know whether the 2018 batch students in US are facing extreme challenges finding a full time job? I believe the hiring at most b schools is already started.

Thanks a lot in advance.

mraformba

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23 Feb 2018, 09:59

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A highly relevant discussion. Wanted to bump this post !!

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bepokerst90

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02 Apr 2018, 01:56

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bump

saadim

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Situation has gotten worse. Amazon is on a hiring freeze and no firms are coming to recruit students below top 25 universities. Even the top ones except harvard standford wharton are facing difficulties. Even internship interviews are not happening. Some universities have started to send memos for international students to sign requiring them to go back to their home countries upon graduation.

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04 Apr 2018, 15:23

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saadim

Can you please cite schools that send those letters?? It is important to understand.

saadim

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04 Apr 2018, 15:24

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Boston college carroll to be precise I am sure many others are also in line.

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02 Aug 2018, 20:02

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A good article :

https://www.wsj.com/articles/u-s-worker ... 1533124800

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02 Aug 2018, 21:10

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saadim

This is so very clearly untrue. I'm not sure why the poster had this response...

1. Do you really think Amazon out of all the companies out there would have a hiring freeze right now?
2. No firms come to below Top 25 universities? Says who? Any evidence? You know there a lot of local firms who would gladly take someone from the local university rite?
3. What memos are these that you're referring to? Anything that would "require" people to go back to their home countries would be between the government and the student. The college may notify the student of these laws/policies, but I don't think they would require them to sign anythng....

Where are you getting all this information from?

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13 Sep 2018, 21:50

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bump.. wondering if anyone has the latest on this.

abhimahna

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15 Sep 2018, 03:57

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55555Raj

bump.. wondering if anyone has the latest on this.

The latest news is that many companies have stopped sponsoring internationals.

The surprising thing was we had company presentation of one of the top companies at school where they earlier mentioned that they do sponsor and it was just two days left for the presentation that they said they won' sponsor anymore.

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15 Sep 2018, 04:00

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abhimahna

55555Raj

bump.. wondering if anyone has the latest on this.

Would you recommend Indian candidates to go to US schools for MBA?

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15 Sep 2018, 04:03

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abhimahna

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bump.. wondering if anyone has the latest on this.

Would you recommend Indian candidates to go to US schools for MBA?

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I think it depends on the candidate and his/her profile.

Although the options are limited, one need to really work hard to get the jobs. It is not going to be a cup of cake.

If you can work hard and have a great profile, you shouldn't have any issues. Rest everything depends on the luck.

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15 Sep 2018, 04:11

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Thanks for your revert. If there is uncertainty about job even after spending more than 1cr then its a tough situation.

One of my friend from OLIN business school was suggesting that companies are just looking at reasons to reject international candidates. Another friend from FUQUA struggled for sometime before getting an offer.

Are you also feeling the same?

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15 Sep 2018, 04:11

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Abhi,

Thanks for the update.

1. Is the situation the same across 15-20 ranked schools?
2. Is the situation better at 5-15 schools?
3. Any light you can shed on Consulting and IBanks sponsoring visas?

Thanks

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15 Sep 2018, 04:13

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Imagine spending a 100 grand USD, and relying on luck. I'm really leaning towards Canada right now.

abhimahna - Thank you! Would you be open to disclosing your school name?

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15 Sep 2018, 04:14

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Friend from Fuqua struggling? That is very scary to hear. If that is the case, I am not sure what the situation for lower ranked schools? Is it safe to say that any school outside of top 10 is not worth?

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15 Sep 2018, 04:20

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Friends,

As I mentioned it is going to be tough not IMPOSSIBLE. MBA is a risk in itself. So, if you are not willing to take risks, no worth of doing an MBA.

People do struggle but be ready for the same. It is good to be ready and put your extra extra efforts than to take the things very easy.

As I mentioned, "few" more firms have stopped sponsorship but the game is still on for Internationals!

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15 Sep 2018, 06:45

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abhimahna

Friends,

As I mentioned it is going to be tough not IMPOSSIBLE. MBA is a risk in itself. So, if you are not willing to take risks, no worth of doing an MBA.

While I agree that an MBA is a risk in the current US market, I don't agree that it should be a risk if.
Most candidates in the top 30 program have spent a lot of time and money in preparation, application and completing the degree. The risk should not be political or bureaucratic in nature at the very least.

Something tells me you are also from the top 30 program, well done! If it's tricky in a top 30 program, makes me think twice to leave everything behind and head to the land of dreams - especially if there isn't a promising dream left. I will head to Canada if I get an admit, wish me luck!