New H1B Bill – USA Entry Game

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Recent days, I am quite engaged with various activities around the world and the time allocated is thinning day by day!

The recent H1B Bill “High-Skilled Integrity and Fairness Act of 2017“ introduced in the house by Rep. Zoe Lofgren, have been blown out of proportion and creating confusion and anxiety in many current and prospective H1B visa holders. Due to the same timing of both of the executive order and H1B bill news, they are combined and facts are misinterpreted by many news agencies, which is the sole reason for the confusion. We will try to articulate the reality to clear all the confusions.

First, let’s look at both of the news separately. If you have not read, first read Leaked Executive Order on H1B, L1 Visa by Trump. Now, Let’s look at the other news. Below is the summary of the H1B 130K Bill.

Short Summary of the H1B Bill 130K – High-Skilled Integrity and Fairness Act of 2017

• Immigrant Visas ( Green Cards ): Eliminate the per country cap for employment-based immigrant visas and also raise the per country cap for family-sponsored immigrant visas from 7% to 15%
• H1B Program Changes: For H1B Dependent Employer, increase the current wage exemption level from $60,000 USD to about $130,000 USD or higher, which is set based on 35 percentile points over the median of annual wage for “Computer and Mathematical Occupations (Group 15-0000)”. Basically set at 85 percentile points. The key thing to note is, it only applies to H1B Dependent Employers. Also, eliminate the master’s degree exemption for H1B Dependent employers.
• Transparency for H1B Holders: Employers should provide immigration paperwork to H1B visa holders within 3 years from the date the petition was filed. I believe, this is to avoid employers locking H1B holders and treating them unfairly as they hold H1B, Green Card paperwork.
• Change Prevailing Wage System for H1B LCA: Increase the prevailing wage requirements by replacing Level 4 wage system to a 3-level wage formula.
• Market-Based H1B Visa Allocation: prioritise allocation of H1B Visas based on who pays more. First Priority to employers who pay 200% over Level 3 prevailing wage, then 150% of Level 3 prevailing wage. Next Priority to employers who pay 200% over Level 2 prevailing wage, then 150% of Level 2 prevailing wage, similarly for other levels. Also, no voluntary authorizations by employees to pay reduced wages, the employer has to pay full wages all the time.
• H1B Visa for Small and Startup Employers: Reserve 20% of the H1B cap for small and startups with 50 or fewer employees. Such employers cannot put their employees at third party site for more than 30 days.
• Visa Provisions for Students, Other Visa Holders: Provide dual intent for F1 students status, so that they are not denied visas based on potential immigrant option. Also, provide employment and travel authorization for such visa holders with approved employment-based petitions waiting for their Green Card.
• Paperwork Burden & Enforcement: Remove administrative cost to employers eliminating the need to file H1B amendment with USCIS upon work site change, if they have filed LCA for the new place. Also, USCIS to provide H1B violations data to DOL for investigations and enforcement.

Now, Where is the confusion of 130K Wage?
Many ignore the caveat called H1B Dependent employer, which is the big trick (see below).The wage increase of 130K applies only to H1B Dependent Employers. The 130K wage is based on the fact of 35 percentile points over the median of annual wage for Computer and Mathematical Occupations (Group 15-0000) for 2015, basically set at 85 percentile points. Below is the table from Department of Labor.

Percentile / Hourly Wage / Annual Wage

10% / $20.12 / $41,850

25% / $27.94 / $58,120

50% / $39.15 / $81,430

75% / $52.64 / $109,490

90% / $66.55 / $138,420

So, Who is an H1B Dependent Employer? What’s the reality?
An employer is H1B Dependent if they have

• 25 or less full-time employees and at least 8 of them are H1B workers.
• 26 to 50 full-time employees and at least 13 of them are H1B workers.
• 51 or more employees, of which 15% or more of the employees are H1B Workers.

This, not something new, usually this is an option in the LCA for the employer to fill when they file LCA with Dept of Labor. Below option in LCA application( page 4) is what employers usually check if they an H1B dependent employer. The screenshot is from Infosys LCA Postings. If you check LCAs of Accenture, it is not an H1B Dependent. You can read the Official Factsheet on DOL Website on H1B Dependent Employer

If you look closely, except few large outsourcing Indian MNCs and IT Bodyshop consulting companies in US, many large global companies do not even fall under H1B dependent employer. So, NOT to panic everyone, this 130K does not apply to every single H1B petition.

There are some provisions proposed on changing prevailing wage levels from 4 Levels to 3 Levels like below, but it will not really change all the prevailing wages to 130K USD. This wage is mentioned in LCA and you can read What is LCA and Why it is required. I will cover the details of the below formula in another article and how it change numbers across and assess the impact.

Old Formula (4 Levels)

Level 1 = approximately the mean of the bottom 1/3 of wages surveyed.

Level 2 = just under the mean of the bottom 2/3 of wages surveyed.

Level 3 = just under the mean of all wages surveyed.

Level 4 = approximately the mean of the top 2/3 of wages surveyed.

New Formula (3 Levels)

Level 1 = mean of bottom 2/3 of wages surveyed.

Level 2 = mean of all wages surveyed.

Level 3 = mean of top 2/3 of wages surveyed.

That’s the summary folks, hope it clarifies and it is clear now. Do not panic.

Whats the current status on the H1B Bill? Is it Passed in 2017?
It was just introduced in the House on Jan 24, 2017. As of now, the Bill has no co-sponsors and the representative is from the Democratic party, which is opposition now to Trump administration. The odds of getting this bill passed as is are very slim. There are other H1B bills too, we have H1B Bills Tracker under Trump for high-level info. It has official links for you to check status. Nothing will happen overnight, so stay tuned.

Any other points that I missed? Any other confusions?

References :

• Official House.Gov Rep Lofgren H1B Bill PDF
• News House.Gov : Lofgren introduces bill to curb job outsourcing
• Official Summary and Analysis on House.Gov – H1B Bill – PDF

Smart Intellectual Kid – A new Perspective Dimension

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While I was engaged with one of the World’s Toughest man for a program and I just begun my last travel with him for that specific visit. It was almost 3 days I had been with him day and night. Quite reserved in the conversations, but am being an ambivert, I started the conversation and it went on well than what I actually imagined about. Moving something personal, that gentleman said, “KK, you aren’t having any Good Friends or a Girl Friend both in present and past right?”. I was stilled for a minute, and replied him “Yes Sir, you ‘re right!”

The conversation went on and the specific points which impressed me are quoted below:

Smart Intellectual Kids like you 

• Will Never have a Best Friend 
• Will Never have a Girl Friend
• Will find it very difficult in finding a Wife
• Will find it very difficult in managing the Wife

He advised me to write this in my diary and you will never ever regret wasting few minutes in recording the above 4 statement anytime further. Yes, it was highly captivating and in my mind for a long time. The first 2 statements was in line with my life and the rest I am not sure at this junction!

Accidentally I read another post which says Why Intelligent People Can’t find Happiness?

“Happiness in intelligent people is the rarest thing I know.”-Ernest Hemingway

That website listed almost 6 reasons. I am reproducing the same here.

They are the victim of over analysis
They want to match everything with their high standards
Intelligent people judge themselves too hard
They aim for bigger things
No one to appreciate them or have a meaningful conversation
Smart people often develop psychological issues

The presence of a faithful and loving partner, a great family life and a successful career may not be enough to prevent an intelligent soul from feeling grief and melancholy.

1. They are the victim of over analysis

Many people with high level of intelligence lean towards over-thinking and keep analyzing everything that occurs in their life, their surroundings and beyond. Too much thinking can be exhausting at times, especially when your thoughts lead you to conclusions which vex and frustrate you. They weigh you down, but you can’t help but think and think, no matter how draining the experience is.

Their ability to analyze things is great. But, it is also true that we don’t need to pay attention to everything, and crowd our minds with unsavory thoughts. ‘Ignorance is bliss,’ this saying holds good for people like you who can see right through anybody and identify their true motives. Undoubtedly, the world seems a disappointing place occupied by wrong people. Not to mention the feelings that affect you upon the reflection on philosophical problems, global affairs and the eternal questions of life that have no answers. If you learn to ignore, you can feel lighthearted, cheerful and happy.

2. They want to match everything with their high standards

People with high IQ are always sure of what they want and anything less than their expectations fail to satisfy them, and this makes it more difficult for them to be happy. This stands true for everything, whether it is career, relationships or anything else that matters in life.

It’s a fact of life that we never get all what we want. But, this practical knowledge is not present in those who have brilliant theoretical minds. They have little practical intelligence and maintain idealistic views of the world that really doesn’t help them in coping with the ways of the world. So, when they find the reality is contrary to their expectations, they feel greatly disappointed.

3. Intelligent people judge themselves too hard

One of the reasons of unhappiness also crops from their tendency to be extremely hard on themselves. It is not only about their successes and failures, but everything that is about them. Their deep thinking nature minutely analyses their behaviour and actions and compares them against highest standards. Even though it is done unintentionally, this tendency offers them enough reason to blame themselves for no reason.

An act committed years ago can suddenly haunt their mind and remind them how they had failed to do things rightly. This disturbs their mind and messes up their mood. After that, they can hardly spend the day cheerfully or manage a relaxing sleep at night. These types of flashbacks into past mistakes are frequent in intelligent people. Guilt and discontent fill their mind. These negative emotions are enough to erase happiness from one’s life.

4. They aim for bigger things

They cannot be satisfied with what they have in life because their high IQ gives them the power to imagine bigger things. They are always looking for a bigger purpose, a meaning and a pattern. Some of them are driven too far away by their intense imagination, making it impossible for them to enjoy the good things they have in their life. Ordinary life is too boring for them and that is why they search for exceptionalism, which of course doesn’t exist in reality.

Do you think this planet is not your real abode or you should live in a different era? It is nothing new about intelligent, deep thinking individuals. With such thoughts swarming your mind, you can hardly hope to be happy when you cannot accept the world and even the time you are living in.

5. No one to appreciate them or have a meaningful conversation

We all yearn to be truly understood, but intelligent people can hardly find someone who can understand them. When we have understanding people around us, half of the stress in our lives ceases to exist. There is nothing more comforting than having a meaningful conversation with a like-minded person who understands your views and ideas on everything spanning from personal life, philosophy, to global affairs and other complex questions. Most intelligent people feel misunderstood and lonely, as usually, no one appreciates the depth of which they can see and analyze things.

Science has proved that smart people don’t need to socialise as much as the people with average IQ, to be happy. Nevertheless, smart people feel the need to meet people, interact and have an enjoyable conversation. They are more interested in talking about meaningful and fascinating things rather than talk on subjects like food, weather or weekend plans. The truth is, it is difficult to come by a person who can indulge in a deep conversation. This is the result of the materialist and consumerist society we live in.

6. Smart people often develop psychological issues.

Many studies have found a connection between highly intelligent minds and psychiatric disorders like bipolar disorders and social anxiety. Is it possible that these disorders are the side effect of a brilliant mind? We cannot confirm this, as there are so many hidden mysteries of human mind and science, yet to be revealed.

It is not that all intelligent people suffer from severe mental disorders. But even the ones who don’t, are susceptible to existential depression which usually results from over-thinking. If you keep on thinking and analyzing everything deeply, there comes a time when you start thinking about life and death. Your mind begins to search for the meaning of your existence and that is when you begin to re-evaluate your own life. This saddens you, but for no apparent reason.

Identification of being Emotionally Attached vs Love

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Love is one of those things that almost every person on this planet is searching for. Some may get it where most may not get it. And the most important is getting a true love or companionship has been distinct.

Some of us want it so badly that we get swept up in the initial stages of romance, blinded by feelings of lust, affection, and desire. There’s no better feeling in this world than finding a person who loves you just as much as you love them.

But, sometimes we idealise people, rather than letting them just be themselves. And this is because we’re searching for our own validation, rather than a genuine, loving bond.

Sometimes what we think is love is really just an emotional dependence that we’ve come to rely on for our own satisfaction and self-worth.

Listed below are few signs that your relationship might not be as healthy for you as you think it is:

1. A large portion of your self-worth is derived from your significant other’s approval, affection and attention.

2. You and your partner have stopped doing the things that you used to do without one another, or have completely removed yourselves from other relationships that were important to you.

3. You care less about who your partner really is on the inside than you do about how well they maintain appearances in front of friends and family.

4. You enjoy having a bit of control over your partner, and become upset and distant when they don’t do as you wish.

5. You feel extreme jealousy whenever your partner spends their time with someone other than yourself.

6. You genuinely feel as though you would never be able to recover, or move on in life, if your partner left you or passed away.

7. You have a constant worry that your partner is going to just up and leave you for someone else. You notice that you are possessive of him or her when there are other people around them.

8. You think that you can transform your significant other into the partner you’ve always wanted.

9. You value your partner’s validation way more than your own validation.

10. You’re always ready to bail on whatever plans you’ve made in order to spend time with your significant other.

11. You always give priority to them, and in return you are least bothered.

12. Always the plans are made by you and destroyed by the other.

This list could be small because this was the extract from various sources.