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H1B should have never been a lottery. It should be a stack rank by salary to deal with the over subscription.
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H1B also includes things like high school foreign language teachers.

https://h1bdata.info/index.php?em=&job=french+language+immer...

A stack rank by salary would mean "H1B is big tech employees" rather than "these are professionals who have skills."


The H1B was intended for highly specialized skills that where there is no local talent available.

"Foreign language teacher" isn't a "highly specialized skill"? Tons of Americans work as English teachers abroad.

I don't believe it is (someone who knows two languages isn't remarkable, someone who can teach others isn't remarkable), but there should probably be a visa for that if we need it. I personally don't believe even a lot of the software/IT industry jobs merit H1Bs.

They work abroad under the respective country's work visa. H1B is US specific, specific visa. The US has plenty of other work visas.


> I don't believe it is...I personally don't believe even a lot of the software/IT industry jobs merit H1Bs.

The law doesn't work based on your beliefs.

> someone who knows two languages isn't remarkable, someone who can teach others isn't remarkable

First: it depends on the language.

Second: the combination of two relatively commonplace skills in one person isn't commonplace. "Be top 20% in two things instead of top 5% in one thing" is standard career advice.


Foreign language teachers is the one category where it's easy to believe it's hard to find local talent. I've seen them in small towns across the country. Sure, you may have a Vietnamese speaking US citizen in New York, but they don't want to move to a small town in the Midwest.

Excatly. It was meant as a temporary program in the early-90s. It wasn't meant as a permanent solution for skilled labor staffing.

We've had about 35 years to build a domestic pipeline of Novell NetWare, SunOS 4, Windows 3.0, and dBASE IV developers and experts.


Then you will have unscrupulous contracting firms miscategorize employees to take advantage of those different quotas.

Increased scrutiny of H-1B-dependent employers could well be in order. There is already that classification in place and restrictions... though I suspect that underfunding of the Department of Labor, Wage and Hour Division may be contributing to that lack of scrutiny.

Putting additional restrictions and requirements for reporting would likely be a good thing. I am hesitant to say "H-1B needs to go" when it does serve other non-technical positions.

https://en.wikipedia.org/wiki/H-1B-dependent_employer

https://www.dol.gov/agencies/whd/fact-sheets/62c-h1b-depende...

In the past there have been specific carve outs for specific fields. The H-1A was the section for nurses. https://en.wikipedia.org/wiki/H-1B_visa#The_Immigration_Act_...

It might be appropriate to separate H-1T (I'm sure its not up to section T yet, using that as a placeholder) for tech workers and have some sort of proctored test to ensure that the skills represented aren't "I know how to use Claude" along with filing fees sufficient to cover the administration of the test.

This would move tech workers out of the H-1B category allowing it to return to its original intent of skilled workers (teachers, medical technicians, private sector researchers...).


These companies have a demonstrated track record for having no qualms about bald-face lying. Suddenly we'll have an influx of "private sector researchers" to cover those tech jobs.

I was more referring to things like... a horticulturist. https://h1bdata.info/index.php?em=&job=horticulturist&city=&...

Elsewhere in DOL, there's a definition of computer professional.

https://www.dol.gov/agencies/whd/fact-sheets/17e-overtime-co...

    The employee's primary duty must consist of:
    The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
    The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
    The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
    A combination of the aforementioned duties, the performance of which requires the same level of skills.
If the job definition is covered in that, then it would be classified that way.

Or if the job is classified by the BLS as 15-0000 ( https://www.bls.gov/oes/2025/may/oes_stru.htm#15-0000 )

All this still requires proper funding of the Department of Labor and its ability to investigate H-1B-dependent employers.


That would make sense if the purpose of the program was to get the most valuable top talent. How do we decide who is the most valuable? We let the market decide. But that would cause upward wage pressure, which would undermine the real purpose of the program.

the problem is H1B is not only tech, there are nurses, some medical professionals, non-tech specialized workers.

Stack rank would just give all the visas to big tech and starve US hospitals and every other industry


Medical field is under a green program. But following your point. If nursing paid more and had better conditions, it would encourage more domestic talent. H1B should be used for to get the worlds top talent otherwise it will be used by businesses to save money and depress wages.

top talent is different visa (O-1). H1B is merely specialized worker, not top tier global talent.

Nursing does pay a lot and conditions havent changed much over the years. Certified anesthesiology nurses get paid like $132/hr, and still there is shortage.


> It should be a stack rank by salary to deal with the over subscription

Considering salary based on country of origin, adjusted for position, would probably be the best way to ensure little abuse (apart from the indentured servitude-like features). If you want to hire the best, they'll be overpaid in their origin markets.


Oh that's a really good way to handle it that would actually follow the intent of the program.

You can't find someone to do a job? Then you need to compete on wage with other companies to bring someone in. Or, you know, raise your salary for local employees.


A simple stack rank and cut has the problem of where to draw the line.

Also, how to value pre-ipo stock

There are other good options as well (an auction, etc). They all have problems, but there are mitigations. It could be vastly improved even if it’s not perfect.

It’s just the will to do it.


But at the moment there are quotas right? So it's basically the same - there are N visas to give out so you rank by salary and pick the top N.

Another problem: different industries and roles natohace different pay ranges.

If you decide on a single pay cutoff software engineers will starve everyone else out. And there are of course great, well paid people in other hard to hire industries.


Maybe that's ok? It would raise pay in other industries.

I doubt it. Most are limited by the economics. They just don’t make as much per employee as software.

Something about those industries would change. They might charge their customers more or train up more people or get more creative with technology. Or the market might decide it can do without that additional productivity from those companies.

the salary weighted lottery today is a good step in the right direction IMO.

I think it has to be by industry and role. Software, mechanical engineering, teaching, medicine, etc are all very different

It needs to compensate for country and position.

Ranking by salary would basically mean ranking by industry, not just skill

I have a couple problems with that idea that I've never been able to figure out even though the idea is good.

First, how do we ensure it doesn't become a slave program: that is you get hired for X, and they are paying you that, but you want to find a new job because you don't like your boss. Or perhaps they hire you for X, and you are doing Y (again, nothing illegal)

Second, you hire someone to do a job, and they realize you have to pay them and so they decide to do nothing (or get a second job that they are working instead).

I can find answers to all of the above, but they all fail to: somebody is aware of your solution - how are they going to abuse it. I haven't solved this secondary abuse issue.




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