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[quote=Anonymous][quote=Anonymous]
The H1B program is for "specialty occupations." A guy doing general IT or entry-level development work for $50-90k should not be considered "specialty" work in modern times.

If there is truly a niche problem that only a guy from Bangalore can solve, then I'm fine with bringing him over -- provided he is paid extremely well for his "special" talents. I would think that a special talent should be paid a minimum of $150k. Otherwise, he's obviously not that special.
[/quote]
You don't get to decide what the meaning of "specialty" should be.  The immigration laws of this country define specialty education as one for which a bachelor's degree is required. If H1B was designed to serve the purpose you claim, the law would ask the employer to demonstrate that no U.S. candidates are available for the position. And it doesn't. All it asks is that a position requires a bachelor's degree.  I get that you think it ought not be that way.  The law disagrees with you.  You are advancing an argument that this program is designed for X, and the laws around it give you zero foundation to support your point of view. This is directly from USCIS:

http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements
Requirement 2 - Your job must qualify as a specialty occupation by meeting [b]one[/b] of the following criteria:

A[b] bachelor’s degree or higher degree or its equivalent [/b]is normally the minimum requirement for the particular position; 
    The degree requirement is common for this position in the industry, or the [b]job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;[/b]
    The employer normally requires a degree or its equivalent for the position; or
    [b]The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree. [/b]

As you can see, USCIS does not define "specialty" occupation as "something so special and unique that only seven people in the Solar System are fit for the job".  It defines "specialty" occupation as "something for which a bachelor's degree is required."  You want to argue semantics? Call them. [/quote]

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