My suggested H-1B system:
1. replace the existing system with a salary-based, monthly in 2025 and weekly thereafter, auction system
2. start with 330 openings per bid period day [and to make the system employer demand responsive]:
a. increase openings by 10 per day, up to 500 openings per day, if the winning bid average goes higher
b. decrease openings by 10 per day, down to 200 openings per day, if the winning bid average goes lower
3. get rid of the bogus can’t find an American nonsense
4. limit H-1Bs to 10% of the number of full-time, directly employed, PPACA-regulated health care cost coverage plan covered employees of the employer having a college degree
5. must work on employer’s premises on employer’s project
6. may not ever serve as a chain migration anchor [at most children/spouse]
7. fees
a. $2,000 per bid fee [to deter bogus/duplicate bids & prevent auction system denial of service], plus
b. a winner fee of 10% of the bid salary, or $8,000, whichever is higher [to compensate for reduced domestic search costs],
c. an annual inverse salary fee of 10% of the salary amount less than $200,000 plus 20% of the salary amount less than $120,000, plus
d. a payroll health coverage cost savings fee of $6 per week per year of age under age 65 [so highly experienced Americans not replaced by cheap, healthy young foreigners]
8. The Secretary of Labor shall compile computer software development language lists each December and May [college course completion months]
and shall only list languages it found to have been in existence for at least one year
9. H-1B persons can’t start work coding in a software development project in any Secretary of Labor-listed language
10. H-1B persons can’t do managerial work in their first two years in the program
The person must have at least a four-year degree in a statutorily specified subject from a Secretary of Education list of selected, respected educational institutions.
The minimum salary amount should be 120% of the most recent DoL salary survey average for the degree and years of experience using a least vertical offset squares minimized curve. If the degree is foreign, the closest common domestic degree shall be the standard to which the 120% is applied.
The H-1Bs should be bid out and awarded based on the salary premium in dollars to the minimum.
The bidder must have paid FICA in excess of $50,000 for the penultimate year per winner (to block out scammers). The Secretary of Labor may waive this requirement for up to 1,000 people per year. The bidder must have already won at auction. Auction fees would not be refunded if the waiver is not granted. The waivers will permit startups to import talent.
There would be no requirement beyond common sense to seek domestic talent (as the idea that no domestic person can be found to do a lawful high-tech job is ridiculous). The winner fee of at least $8,000 will encourage paying for a search for domestic talent.
A subsequent employer of a person would have to have a subsequent winning bid for the person.
Allowing an imported person to find a better employer would discourage employer abuse of imported employees.
The previous employer would have a qualified (subject to then current law) right to import an eligible replacement person at the bid salary or higher if the person left within one year of auction close.
After six years of salary payment at the person’s initial winning bid level or higher, the H-1B person might then be awarded permanent residence if the law in effect at the time allows for it.
[If the salary is $80,000, the annual inverse salary fee would be $20,000 ($12,000 plus $8,000).]
The only solution is to deport all of them, yesterday.
A nation of scammers will find loopholes to exploit in any “reform.”