My point was their overall contribution is small, while you're focusing on the big tech vs small company split. Google and Apple hired the most in 2018 (the date of your article), a combined 4,500 out of the 25,000 total (my estimate, 38% of 65k). I believe those top tech companies pay the highest salaries, so I'm not sure how this addresses the point I brought up. The highest paid salaries are at companies that make the most use of H-1B visas, so H-1B visas aren't the key factor in lower salaries.
The point I’m making is that the DOGE people who represent big tech have a point in this debate, which is that elite tech companies heavily rely on H-1Bs to source top talent. And it’s the elite tech companies that make the United States strong, disproportionate to the small companies.
The article you linked says foreign-born not H1B. There's like 13 million green card holders in the US. That same article says that most H1Bs are taken by outsourcing companies from India.
There's just not enough H1Bs today to say anything like big tech dominance relies heavily on this group nor that they have a huge impact on America as a whole. Plenty of research suggests employers hire H1Bs then underpay and overwork them which hurts all employees and lowers wages. Seriously, read the criticisms section of the wikipedia page https://en.m.wikipedia.org/wiki/H-1B_visa
So we're left with: why does DOGE want more people to come to America on H1B vs. another method? All of these big tech companies have international offices and can bypass H1b for their very strong performer to begin with so why not start there. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
Reminder that I say that as someone in favor of more immigration of every variety, including H1B.
One paper from over 20 years ago isn't "plenty of research", in my view. That wikipedia page cites frofessor Norman Matloff's criticisms, and link to the following paper from April 2003.
https://www.cs.ucdavis.edu/~matloff/H1BSummary.pdf
Is there other evidence of unfair labor practices with H-1B visa holders?
There's subheadings under criticism on that page that might not have popped out.
On
wagesWage depression
Wage depression as a result of an increased supply of discounted guest workers is a chronic complaint critics have about the H-1B program. In the 21st century, labor experts have found that guest workers are abundantly available in times of wage decline and weak workforce demand.[177]
The Economic Policy Institute found that sixty percent of certified H-1B positions were below the local median wage. In Washington D.C, companies hiring a level 1 entry-level H-1B software developer received a discount of 36%, or $41,746. For level II workers, companies received a discount of 18%, or $20,863.[189]
In 2014, The Department of Homeland Security annual report indicates that H-1B workers in the field of Computer Science are paid a mean salary of $75,000 annually, almost 25,000 dollars below the average annual income for software developers [190] and studies have found that H-1B workers are paid significantly less than U.S. workers.[191][192] It is claimed that the H-1B program is primarily used as a source of cheap labor.[193][194][195][196][197][198][199]
I'm ignorant on immigration but here were some things I read as I had a fun day googling around on this.
one of those sources to call out about wages, I think 189 above. {California Attorney General’s former senior advisor on immigration and labor}
https://www.epi.org/publication/h-1b-visas-and-prevailing-wage-levels/I read this as criticizing the impact on wage and job mobility.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4010152This look at accounting data says H1Bs get paid 10% less but no negative impact to wages for others.
https://link.springer.com/article/10.1007/s10551-024-05823-8old.
https://cis.org/sites/cis.org/files/articles/2005/back1305.pdfThe Center for Immigration Studies (CIS), a group critical of expanding the visa, claims that H-1B workers in Information Technology (IT) related occupations are paid approximately thirteen thousand dollars less than American workers, and that the H-1B program is little more than a source of cheap labor.
Referencing the body shop problem, why half of the top H1B holding companies have been Indian outsourcing shops for 30 years...
The Indian Minister of Commerce has dubbed the H-1B visa the “outsourcing visa.
Elsewhere there were anecdotes from tech executives anonymously saying they want these body shops.
This 2023 paper by a longtime prominent cabinet member republican offers a pretty damning review of how and why companies use H1B. I guess it is comforting that things haven't changed since the 1990s. A lot of interesting history about previous temporary increases to H1B visa and OPT numbers in an earlier tech boom.
https://cis.org/Fishman/DHSs-OPT-Rule-Contempt-Congress-American-Workers-and-American-StudentsA follow-up published two days ago brought out these key points from Trump round 1's DHS.
[The H-1B program has had an] adverse effect on similarly employed U.S.
workers... downward pressure on wages in industries and occupations with concentrations of relatively lower-paid H-1B workers.
https://www.govinfo.gov/content/pkg/FR-2020-11-02/pdf/2020-24259.pdfThis was why Trump round 1 criticized H1b as a method for Silicon Valley to pay lower wages.
https://www.huffpost.com/entry/trump-h-1b_b_5890d86ce4b0522c7d3d84afhttps://www.govinfo.gov/content/pkg/FR-2021-01-08/pdf/2021-00183.pdf
[Level 1 and 2] salaries … are significantly lower than local median salaries — typically 20 to 40 percent lower than the median. H-1B employers can reap significant savings by selecting one of the two lowest wage levels. … Major U.S.-based technology firms that hire H-1B workers directly … had significant shares of their certified H-1B positions assigned as Level 1 or Level 2 … in fiscal 2019…
Amazon and Microsoft each had three-fourths or more of their H-1B positions assigned as Level 1 or Level 2.
Walmart and Uber had roughly half of their H-1B positions assigned as Level 1 or Level 2.
IBM had three-fifths of its H-1B positions assigned as Level 1 or Level 2.
Qualcomm and Salesforce had two-fifths of their H-1B positions assigned as Level 1 or Level 2.
Google had over one-half assigned as Level 2.
Apple had one-third of its H-1B positions assigned as Level 2.
Firms appear to systematically misclassify prevailing wage skill levels by selecting levels far below the actual skills (education and experience) of the worker and/or duties of the position. … For example, the San Jose Mercury News published analysis showing that Uber Technologies assigned Level 2 wages to positions it described as “senior software engineer” even though DOL guidance recommends a minimum of Level 3.
It just goes on and on about the wage aspect. It seems clear H1B holders get paid less. It seems overwhelmingly clear that firms want these employees so they can pay them less not because they are the best and the brightest.
Without wading into wider conversation about capitalism, I wouldn't begrudge people on one end of the spectrum feeling that wage is part of worker conditions. There's probably people who think these jobs could go to Americans and are mad they don't. Others would just ask why not increase supply of workers, and I'd agree with them. I just can't understand why do we want more of these
temporary workers instead of increasing how many can be permanent ones? As it is we're essentially letting privately owned US companies sell the right to live and work in America for a few years. Why not go actually go after the best and brightest through increasing EB-1 numbers?
This paper would tie wages directly to worker conditions for H1b holders, in my layman read. I'm inferring can use wage as a worker condition once you see how it changes just like worker conditions do under various circumstances.
https://ecommons.luc.edu/business_facpubs/218/I can't access this but imagine it might too, though I'm not sure I care much about a law student's paper.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/hastlj74&div=18&id=&page=On worker conditionsI'll stay away from the word 'fair.'
This is specifically about H1Bs in tech, but seems more about arbitration and workers rights, highlighting that H1Bs are theoretically vulnerable. I don't think this says much than they think H1B can be better than it is now, not otherwise for or against a cap. This doesn't speak directly to observed bad worker conditions.
https://scholarlycommons.law.cwsl.edu/cgi/viewcontent.cgi?article=1718&context=cwlr{2017}
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2827789The article argues that even perfect enforcement of existing law will not eliminate H-1B worker exploitation because the program includes systemic inequalities and subordinating structures that are modern manifestations of involuntary servitude, debt bondage and unfree labor. The unfree system of labor created by the guest worker program is based in the ways in which threats of deportation and liquidated damages prevent workers from complaining or quitting; the way in which the visa sponsor's control of the guest worker's labor parallels antebellum slave codes; the commodification of immigrant workers as part of the human supply chain; and the lack of citizenship rights guaranteed to these guest workers.
I can't access that article so can't really speak to it, but it does seem they're looking at data instead of just weighing in theoretically. I'm not a lawyer.
The article provides a comprehensive survey of lawsuits brought under the visa laws for prevailing wage violations, wage theft, benching, and liquidated damages. It also discusses lawsuits brought as independent causes of action under state tort and contract law; the TVPA; RICO; and employment discrimination statutes.
From the wikipedia page
Some workers who come to the U.S. on H-1B visas receive poor, unfair, and illegal treatment by brokers who place them with jobs in the US, according to a report published in 2014.[207][208]
[207] and [208] are investigative journalism. So, between a study and anecdata maybe?
https://www.wired.com/2014/11/investigation-reveals-silicon-valleys-abuse-immigrant-tech-workers/https://revealnews.org/article/job-brokers-steal-wages-entrap-indian-tech-workers-in-us/This paper, in my layman opinion, offers a nuanced discussion of how America's laws and enforcement change only over
decades through a discussion of H1B's employment rights via legal anecdata. I thought this was super interesting.
https://onlinelibrary.wiley.com/doi/full/10.1111/lapo.12213more anecdata, I guess, but I only link this to say that I don't think articles like this have much place in a discussion of increasing H1b or not or other visa categories. It is brutal. It provides evidence of exploitation. It is more about implementation and enforcement and a vote for streamlining things which is always good.
https://www.bostonglobe.com/editorials/2013/06/11/your-child-teacher-victim-human-trafficking/dQz2fYPwg6Xkgt1aV6HaiL/story.htmlOverall I'm not really able to find much non-wage pieces other than anecdata. There is a lot of it. Maybe it's just hard to do studies on this so people default to theory or anecdata?
From the Secretary of labor in 1995, emphasis mine
...what was conceived as a means to meet temporary business needs for unique, highly skilled professionals from abroad is, in fact, being used by some employers to bring in relatively large numbers of foreign workers who may well be displacing U.S. workers and eroding employers’ commitment to the domestic workforce.
I can't say if he's right or wrong about the original intent nor do I particularly care about original intent. But one more reason to ask why increase H1B as opposed to other mechanisms?
The Department of Labor (DOL) has stated explicitly that “non H-1B dependent” employers, or those whose H-1B workers comprise less than 15 percent of its total workforce, may hire a foreign worker even when a qualified American worker wants the job, and may displace an American worker from his job in favor of a foreign worker. Contrary to popular belief, it is only “H-1B dependent” employers who must comply with non-displacement and good faith recruitment requirements. Regulations make it easy to avoid classification as an “H1B dependent” employer, as they allow the employer to count all of its employees (e.g., janitors, secretaries, etc.) when calculating the ratio—not only workers in the particular specialty occupation.
It isn't the point of the paper and I can't access it but the abstract seems to suggest that H1Bs can have a measurable positive impact for startups.
https://pubsonline.informs.org/doi/abs/10.1287/mnsc.2021.4152