H1b 提高工资 公示 建议的一些思路 45%62%78%95%是怎么来的

目前只有500多个comments，可能很多人看了不知道怎么说，我抛砖引玉。希望大家能更积极一点，唇亡齿寒，皮之不存 毛将焉附。
. Χ
这个提议可以说是漏洞百出，说几点我发现的

首先解释了45th 是怎么来的，大概是说要赚到大多数人的工资，不过请问有几个美国人能在entry level赚到 45%？这至少是 level 2 或者 level3才能达到的程度吧。同时附上不同level的不同解释大家可以发挥。
引用原文
"The Department has concluded, in its discretion, that the Level I wage should be established based on the wages paid to workers in those occupations that make up a substantial majority of the applications filed in the H-1B, H-1B1, E-3, and PERM programs. This ensures that the Department appropriately takes into account the size and breadth of the programs covered by the four-tier wage structure by giving special attention to those areas where the risk to U.S. workers' wages and job opportunities is most acute. To make this determination, the Department has identified what it considers to be an analytically appropriate proxy for approved entry-level workers for the specialty occupation and EB-2 programs; consulted various, authoritative sources to determine what similarly qualified workers in the U.S. who fit this profile are paid; and identified where within the OES wage distribution these U.S. workers' wages fall. That point in the distribution, which the Department has estimated to be at approximately the 45th percentile, serves as the appropriate entry-level wage for purposes of the Department's four-tier wage structure."

关于不同level的解释
Level 1 (entry) – wage rates are assigned to job offers for entry-level employees who have only a basic understanding of the occupation. These employees perform routine tasks that required limited, if any, exercise of judgement. The tasks provide experience and familiarity with the employer's methods, practices and programmes. The employees may perform higher-level work for training and development purposes. These employees work under close supervision and receive specific instructions on required tasks and expected results. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training or an internship are indicators that a Level 1 wage should be considered.
Level 2 (qualified) – wage rates are assigned to job offers for qualified employees who have attained, through either education or experience, a good understanding of the occupation. They perform moderately complex tasks that require limited judgement. An indicator that the job request warrants a wage determination at Level 2 would be a requirement for years of education and/or experience that is generally required as described in the O*NET Job Zones.
Level 3 (experienced) – wage rates are assigned to job offers for experienced employees who have a sound understanding of the occupation and have attained, either through education or experience, special skills or knowledge. They perform tasks that require exercising judgement and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the O*NET Job Zones would be indicators that a Level 3 wage should be considered. Key words in the job title can be used as indicators that an employer's job offer is for an experienced worker. Words such as 'lead' (eg, lead analyst), 'senior' (eg, senior programmer), 'head' (eg, head nurse), 'chief' (eg, crew chief) or 'journeyman' (eg, journeyman plumber) would act as indicators that a Level 3 wage should be considered.

其次是接下来几个level是怎么来的，直接用50 除以3，然后加上45th...
这点就更好攻击了，难道所有工资都是正态分布。连个数学模型都没有。
"The Department applies the statutory formula as follows: The difference between the two levels provided by the OES survey data is 50 percentiles. Dividing this by three yields a quotient of 16.67. This quotient, added to the value of the Level I wage at the 45th percentile, yields a Level II wage at approximately the 62nd percentile. When subtracted from the value of the Level IV wage at the 95th percentile, the quotient yields a Level III wage at approximately the 78th percentile of the OES distribution. "


大家加油

我看了，感觉是先确定level 1的工资，然后依次确定2，3，4的percentile。确定level 1的时候单纯的使用了NSF的调查结果，取了最上限。
另外对于entry level的定义是根据H1B和EB2里面最多的情况，也就是刚毕业的master来取的。这跟H1B最低的要求只是本科并不相符，属于偷换概念强行拔高标准

感谢楼主！
再提供几个关于数据分布的点，也是推上有人提到的：
1. 现在的L2（62nd percentile），比之前的L4（67th percentile）都高，但是之前的数据是七月才发布的，很难相信在这样的经济形势下三个月间62nd就比原来的67th高了不少。
2. 目前的这个数据，L2基本上是L1和L3的均值，L3是L2和L4的均值。然而工资数据应该是right-skewed（至少也不应该是uniform distribution)，那么就不应该有这种pattern。所以这个数据的真实性也值得商榷。

Thank you for contributing to our effort. For your last comment, I think DOL assumes the salary is uniquely distribution across population, instead of being Gaussian. :)

感谢楼主！

清晰了不少