Comment Re:Excellent Move (Score 3, Informative) 169
Sure.
That was not the case here.
Microsoft did not require masters degrees for entry level dev jobs.
It's common for Indian/Chinese folks to _have_ masters degrees, because going to the US for graduate school is a common "first step" in the process to get their feet on US soil - F1 student visas.
The way it typically works for an Indian or Chinese software engineer to get into Microsoft (or any of the majors, I assume)
- get 4 year degree (real or fake) back home
- get accepted to US grad school; get student VISA (F1)
- do grad school
- look for US company that will sponsor/supply an H1-B slot
- get OPT status for STEM (up to 3 yr extension of residence permit w/ industry work authorization)
- start at new company under H1-B status
- start the Greencard process
This is the normal path.
Now, here is what is structurally fraudulent about this.
1) The F1 visa is intended for students who plan to leave when they are done. It is not intended to be the on-ramp into the US labor force.
2) the OPT extension to the F1 VISA is not intended to be a long term resident work permit. They max out at 3 years for software people
3) Greencard sponsorship in this scenario is supposed to be downstream of the assertion that there is no human being already in America willing/able to do the work.
From a company POV
The converion rate from OPT to H1B varies; the # of H1B lottery slots are fixed, and people who run out their OPT clock without securing an H1-B lottery slot are allegedly supposed to go home.
The corps know that. So the OPT period essentially turns out to be a "no risk try out" where the company gets to see who is productive and supplicant.
This continues once someone has an H1B; that person knows that the moment they lose their job, they have n days to find a different H1B slot before they are subject to a removal order.
An H1B friend explained it to me: as long as he's on H1B, he never says no to working late; he never says no to taking the extra incident case, he never says no.
So he wants a Greencard for safety/security reasons; so he can stop being as much of an indentured servant.
The colleges love this system because F1 students can be charged full price to attend. The companies love this because they get indentured servants with a tryout period. And because they have an infinite supply of young 3rd world labor who is fighting over the scraps of available slots, which causes dramatic wage suppression.
When they find a gem, they can move forward with a fraudulent PERM claim and start the greencard sponsorhsip process.
There may be other things going on here. If you've been in the industry long enough, you may have come across the claim that "indians hire indians", and then if you look back at all the teams you've been on, the claim appears to fit the observed data.
(which is not to say that the claim is _true_... just that my experiences don't refute it)