4 ms·

Some are also designed to be impossible to satisfy so that they can bring non-local talent to satisfy Labour Market tests. Not sure if it is in this case, but t

Some are also designed to be impossible to satisfy so that they can bring non-local talent to satisfy Labour Market tests. Not sure if it is in this case, but there have been plenty of such cases in the past.

metaphor 6y ago
Given 12+ years requirement with tech that was initially released 6 years ago, the only "non-local talent" this listing would bring in are time travelers from the future.
- northern-lights 6y ago
  I'm not sure how exactly it works but if I had to guess, the non-local talent would have fudged resumes showing they had the relevant experience. It's not like the relevant Labour departments would actually do the background check on hired candidates. All the companies/consultancies need to do is to show that they couldn't find a relevant candidate locally to satisfy the sponsorship requirements. Note that I'm not just talking about US. Most countries in Europe have the Labour Market tests requirement before a foreigner can be sponsored for the position.
  - vsskanth 6y ago
    You have to provide evidence to USCIS (letters from past employers) that you worked on kubernetes for 12 years. They don't simply take your assertions at face value.
    - gruez 6y ago
      Do they take the letters at face value, or do they do some basic sanity checks to make sure the technology has been around as long as the experience you claimed to have?
      - vsskanth 6y ago
        Lying on immigration related documents is a crime so yeah they can take the letter at face value. Whoever issues the letter assumes liability for what they attest to.
        gruez 6y ago
        Yeah it's a crime, but what use is it if nobody checks? Do they at least audit a certain % of the applications? Or do they do zero checking whatsoever, and will only use it to tack on more charges when you're already under investigation? eg. questions like "Have you EVER knowingly engaged in activities designed to overthrow the U.S. Government by force?" that appear on US security clearance applications
        vsskanth 6y ago
        I understand what you're concerned about. Yeah they randomly audit a certain % labor condition applications by requesting more detailed evidence. It's not like people don't lie on these forms and get falsified evidence. There are cases of people getting caught, and people who did attest to the falsified evidence have had their green cards revoked and deported. Kinda like IRS I guess.
      - runawaybottle 6y ago
        I can promise you immigration services are not verifying if someone really knows Kubernetes.
        HelloNurse 6y ago
        Well, maybe this time there'll be more interest. The immigration services officer who fines IBM millions for this kind of illegal immigration scandal should expect a good career.
tssva 6y ago
Exactly what I thought when I saw this. IBM has been guilty of this in the past.
rjkennedy98 6y ago
I was just thinking about this. Since a job must be advertised locally is there any requirement that the h1b holder actually has to satisfy the requirements for the job. If not, what is the purpose of the advertisement anyways?

metaphor 6y ago

Given 12+ years requirement with tech that was initially released 6 years ago, the only "non-local talent" this listing would bring in are time travelers from the future.

northern-lights 6y ago
I'm not sure how exactly it works but if I had to guess, the non-local talent would have fudged resumes showing they had the relevant experience. It's not like the relevant Labour departments would actually do the background check on hired candidates. All the companies/consultancies need to do is to show that they couldn't find a relevant candidate locally to satisfy the sponsorship requirements. Note that I'm not just talking about US. Most countries in Europe have the Labour Market tests requirement before a foreigner can be sponsored for the position.
- vsskanth 6y ago
  You have to provide evidence to USCIS (letters from past employers) that you worked on kubernetes for 12 years. They don't simply take your assertions at face value.
  - gruez 6y ago
    Do they take the letters at face value, or do they do some basic sanity checks to make sure the technology has been around as long as the experience you claimed to have?
    - vsskanth 6y ago
      Lying on immigration related documents is a crime so yeah they can take the letter at face value. Whoever issues the letter assumes liability for what they attest to.
      - gruez 6y ago
        Yeah it's a crime, but what use is it if nobody checks? Do they at least audit a certain % of the applications? Or do they do zero checking whatsoever, and will only use it to tack on more charges when you're already under investigation? eg. questions like "Have you EVER knowingly engaged in activities designed to overthrow the U.S. Government by force?" that appear on US security clearance applications
        vsskanth 6y ago
        I understand what you're concerned about. Yeah they randomly audit a certain % labor condition applications by requesting more detailed evidence. It's not like people don't lie on these forms and get falsified evidence. There are cases of people getting caught, and people who did attest to the falsified evidence have had their green cards revoked and deported. Kinda like IRS I guess.
    - runawaybottle 6y ago
      I can promise you immigration services are not verifying if someone really knows Kubernetes.
      - HelloNurse 6y ago
        Well, maybe this time there'll be more interest. The immigration services officer who fines IBM millions for this kind of illegal immigration scandal should expect a good career.

tssva 6y ago

Exactly what I thought when I saw this. IBM has been guilty of this in the past.

rjkennedy98 6y ago

I was just thinking about this. Since a job must be advertised locally is there any requirement that the h1b holder actually has to satisfy the requirements for the job. If not, what is the purpose of the advertisement anyways?