Studying in USA Can Destroy Your Career | H1-B Trap
Introduction:
The United States of America is the preferred destination for many people from around the world, particularly those from countries such as India, who want to improve their careers and pursue lucrative professional opportunities. In contrast, the route to prosperity in the United States of America is not always peaceful. In this blog, we will look at the challenges of studying in the United States, with a focus on the H-1B visa system and the potential pitfalls that it presents to students from other countries.
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Introduction:
The United States of America is the preferred destination for many people from around the world, particularly those from countries such as India, who want to improve their careers and pursue lucrative professional opportunities. In contrast, the route to prosperity in the United States of America is not always peaceful. In this blog, we will look at the challenges of studying in the United States, with a focus on the H-1B visa system and the potential pitfalls that it presents to students from other countries.
Table of Contents
The Genesis: Golden Rush for American Education
Back in the day, just like many Indian parents, the common path seemed to be becoming an engineer and pursuing post-grad studies in America. It seemed like everyone around us, from relatives to friends, followed this route and landed lucrative job offers in the USA, and back then, if you weren’t in America, you were missing out!
Allow us to begin by sharing a story that will shed light on the origins of it all. In the 1990s, the Internet began to emerge as a significant force in both the United States and the global landscape. Many individuals with great intellect and ambition ventured into the world of Internet entrepreneurship, resulting in a surge of digital services and the birth of the dot-com era. You’ve all heard this story countless times.
The outcome of this situation resulted in America outsourcing a significant amount of work to India. As a result, the IT industry experienced a tremendous surge, propelling India to become the leading exporter globally. This had piqued the interest of America. It was evident that, despite the practice of outsourcing, the United States faced a shortage of engineers and programmers with exceptional expertise. It was observed that Indians possess exceptional skills in this area. Hence, Americans thought of expanding their workforce by considering candidates from India. With the surge in technological advancements, there was a significant increase in the number of Indian computer science engineers heading to America.
Furthermore, due to the rapid expansion of the domestic I.T. industry and the increasing prospects in the US, a corresponding trend emerged. Several engineering colleges and degree programmes began to emerge within India as a result of the increased demand for engineers in the USA. As the demand for engineering careers increased, it became evident that parents began exerting more pressure on their kids to pursue a career in computer science engineering, and we are well aware of the subsequent events.
What happened in the year 1990?
The USA became a popular destination due to the opportunity to earn a significant amount of money. However, this explosion would not have occurred without a crucial change in 1990.
In the 1990s, President George W. Bush aimed to welcome skilled individuals from around the globe to the United States. So the USA enacted legislation known as the Immigration Act, which established the H-1B visa. For those who may be unfamiliar, H1b is essentially a temporary work visa. Imagine it as a coveted opportunity for talented professionals from around the world to pursue their careers in the United States.
But it was quite challenging to obtain this H-1B visa. One of the initial steps is to obtain employment at a company in the United States. Following that, the employer would proceed to file a petition on the employee’s behalf, enabling an international worker to work in the country. In addition, the H-1B visa had a duration of three years, with the possibility of extension up to six years. However, circumstances began to shift. As the digital revolution gained momentum, the popularity of this coveted H-1B visa surged.
Every Indian in America eagerly sought the H-1B visa, as the tech industry, still in its early stages and in need of skilled professionals, recognised the limitations of the annual cap of 65,000 visas. These companies sought assistance from Congress, concerned about the impending Y2K crisis. Now, this resulted in the American Competitiveness and Workforce Improvement Act of 1998 temporarily raising the cap on H1-B golden ticket allocation from 65,000 to 115,000 for the years 1999 and 2000. Throughout the span of 1990 to 2000, there appeared to be a deceptive illusion of effortless accessibility. Many students in India believed that by going to America and getting into a prestigious college, they would secure a well-paying job and then patiently await the opportunity to obtain a green card, thus securing their status as a permanent resident. If you’re unfamiliar with a green card, it essentially serves as a document that bestows upon a non-U.S. citizen the privilege of residing and working in America on a permanent basis.
H1-B Visas
The United States issues a total of 85,000 H-1B visas annually, with 65,000 allocated for individuals holding a minimum of a bachelor’s degree and the remaining 20,000 reserved for those with advanced degrees.
And can you guess the number of individuals who are applying for this H-1B? There were a staggering 780,884 applications for H-1B visas last year (2023) as reported by Times of India, but unfortunately, only 85,000 were available. Now, this figure is slightly exaggerated due to a significant number of individuals submitting multiple applications to enhance their visa prospects. Interestingly, we will delve into the topic of this visa scam in a later segment of this article.
Just meditate over this situation for a moment. Out of the vast number of applicants, only a fraction managed to secure an employment visa in America.
It makes sense to assume that one’s skills and qualifications should be the deciding factors. Because that’s what seems most rational. Well, here’s something that might surprise you. Getting a H1-B visa in the USA is a game of chance, not a skill, a lottery system!
If your name is not selected in the lottery, you are required to depart from the country. You must have heard or seen numerous people employed at major corporations in the USA. They attended prestigious universities and are excelling in their roles at the company. However, their name was not selected in this lottery system, and they were compelled to return. They had no alternative. That is quite disappointing, and one might expect that the situation would improve from this point on, but sadly, that’s not the case. It can be challenging to get an employer who is willing to sponsor your H-1B visa, as it entails extra costs and administrative burdens for the company. The employers often prefer to find candidates who do not require this sponsorship, saving them extra effort, time, and costs.
Now reflect on the current state of the job market in the USA, where layoffs are widespread in every company. Therefore, it is not rational for US employers to bear these extra costs only to lay off employees in the near future.
Constant Layoffs in USA
After the recent two years of turmoil, over two lakh individuals were unfortunately laid off, with 40% of them being Indians, making people more aware of the grim situation and the way forward.
For instance, one of our student’s parents, who is facing health challenges and has taken out a loan to support his son’s education in America, was extremely worried about his son’s unemployment situation in the USA. If his son doesn’t find a job within 60 days, it could jeopardise his stay in America. How on earth were they going to repay the student loan? Fortunately, he found another job, but witnessing the immense strain he and his family endured was truly heartbreaking.
This is the everyday experience for many Indians working in America. It’s important to consider the long-term implications of your decision. However, it is unfortunate that there is a constant risk of experiencing disruptions in your lives and careers due to the flawed system for immigrants in America.
A US citizenship can only be obtained by an Indian immigrant after an extensive waiting period of over 134 years as per boundless.com. You may find it fascinating that last year, India surpassed China and became the leading provider of international students for America. The majority of these students are pursuing engineering, computer science, or mathematics programs in the USA. The report highlights the concerning fact that a significant number of Indian students studying MS Computer Science—around 60,000—will be graduating this year, but unfortunately, the job market does not seem to have enough opportunities to accommodate them all. The information we discovered might completely surprise you. It’s only been one month into 2024, and an alarming number of 25000 employees in Silicon Valley have already faced layoffs as per Hindustan Times. It’s a fierce battle out there.
H1-B Scams in the USA
There is a prevailing issue regarding the high demand for H-1B visas, which has led to a questionable situation.
Individuals are submitting multiple applications in order to enhance their likelihood of winning the lottery. Last year, numerous H-1B consultancies were implicated in fraudulent activities, attempting to manipulate the lottery system. There were two types of individuals responsible for orchestrating this strike. The first group consisted of employers. They were submitting multiple registration filings for the same employee, and the second involved employees, reaching out to various companies to submit H-1B registrations on that person’s behalf.
Many of these consultancies provided questionable offer letters for in-house projects without conducting interviews to assess the candidate’s suitability for the role. They also charged excessive H-1B petition filing fees and collected additional commissions from the candidates.
It’s interesting how some individuals take advantage of the demand for H-1B visas and the resulting anxiety among employers to profit from the situation, isn’t it? If you happen to lose your job during the H1B visa period within 60 days, it is essential to promptly search for a new employment opportunity, or else you will be deported back to your home country.
The entire fraudulent scheme that unfolded greatly undermined the trust individuals had in U.S. immigration services. However, due to these circumstances, the USCIS has taken action by denying and revoking numerous petitions, as well as pursuing law enforcement referrals for criminal prosecution.
The Political Influence on H1-B Visas
It’s possible that you’ve been residing in America for over two decades. You could have created an entire existence in that place, yet you will constantly live with the uncertainty of being evicted at any given moment. Let’s consider the events that occurred during Mr. Donald Trump’s presidency. Trump, known for his outspoken views on the lottery system and desire to reform the H-1B visa system, made the decision to temporarily suspend work visas during the pandemic.
This one action had a significant impact on the lives and professional trajectories of 200,000 individuals. Many Indians have returned to India during the pandemic, contributing to the country’s economy. Individuals found themselves trapped in a cycle of restless nights and persistent anxiety over job security. Now, with the Biden administration in control, the ban has expired. It’s remarkable how a single policy change can jeopardise your entire career.
There is no doubt that the overall quality of life in America is truly remarkable. That’s why a lot of students choose to study in America. The opportunities are mind-blowing; however, it is important to understand that despite the apparent quality of life, eligibility for Social Security and health benefits may not be attainable if your H1-B status expires. The costs of even basic healthcare, which we often overlook, are incredibly high in the USA. It is rare for individuals to have the financial means to cover these expenses on their own. Reddit is brimming with tales such as these.
Many individuals are hopeful and anticipate that the system will undergo a transformation, as they believe that the United States will acknowledge the valuable contributions made by immigrants to the economy. But you have to think: Why would the US government reform the H1-B system? They’re attracting talent from all corners of the globe. They are content. And even if you manage to obtain the H1-B visa, the process of immigration can become an ongoing and complex journey. Furthermore, you must continually renew the H1-B Visa every three years, with no possibility of obtaining a green card. Consider the extensive backlog of green card applications and the significant number of individuals ahead of you in the queue. If you possess a deep understanding of all this and have firmly decided to pursue your plans of going to America in 2024, that’s entirely your decision.
Conclusion
After reading the above detailed information, if you are still interested in pursuing higher education in the USA, it is important to take the following precautions:
- Develop a cash flow budget for yourself. Ensure that you are meticulously considering all of your monthly expenditures and sticking to your monthly budget.
- Eliminate unnecessary expenses and begin saving money, as you never know what the future holds. There is a concept in the world of business known as a runway. If you’re unfamiliar with the concept, it refers to the timeframe during which a business exhausts its financial resources. What is your personal runway? Begin analysing the duration for which your current savings can sustain you until your next employment opportunity arises, and create that runway during your first employment in the USA.
- Start networking! That’s very, very crucial if you’d like to have a sustainable career in the USA. When push comes to shove, you will have people to rescue you from an adverse situation.
However, if things don’t go as planned, don’t hesitate to come back to your home country. To be completely frank, it may be the most beneficial outcome for you, as it will free you from the never-ending cycle of immigration and the constant stress caused by a flawed system.