4 ms·

H1Bs usually require the employer to prove they couldn't find someone within the country.

by nerdface 6y ago

drewbug 6y ago
I don't think that's true.
- sjg007 6y ago
  Why not? Seems entirely plausible.
  - mlex 6y ago
    There's no need to speculate on "what's plausible" when it's a documented process: https://news.ycombinator.com/item?id=24703643 https://news.ycombinator.com/item?id=24703643
- mamon 6y ago
  It is true - as a part of H1B application you need to post a job advertisement in some US job board first, which becomes a part of the documentation you submit to USCIS. I went through that as a part of my own visa process. EDIT: ok, maybe my immigration lawyer was a weirdo :)
  - mlex 6y ago
    As someone who's gone through both H-1B and PERM, H-1B only needs the company to prove two things, specifically about how much you're paid: The actual wage: This is the wage paid to other employees in the company who do the same work. The prevailing wage: This is the wage for that occupation in the geographical area. See: https://en.wikipedia.org/wiki/Labor_Condition_Application##1:_Wages_(the_prevailing_wage_requirement) https://en.wikipedia.org/wiki/Labor_Condition_Application##1... https://en.wikipedia.org/wiki/H-1B_visa#Labor_Condition_Application https://en.wikipedia.org/wiki/H-1B_visa#Labor_Condition_Appl...
  - mavelikara 6y ago
    > as a part of H1B application you need to post a job advertisement in some US job board first No, this is only part of employment-based greencard (LC) process. For H-1Bs, as part of the LCA process, the employer needs to advertise that a candidate is going to be hired.
sjg007 6y ago
Well yes, theoretically, but I imagine there are plenty of ways to game the system.
mlex 6y ago
This is incorrect. From https://en.wikipedia.org/wiki/Labor_certification#Differences_with_labor_condition_application https://en.wikipedia.org/wiki/Labor_certification#Difference...: Temporary work visa: H-1B, H-1B1, or E-3 "The employer needs to demonstrate that the worker is being paid at least the prevailing wage for that region and occupation, and comparable to native workers in the firm, and that employing the worker will not adversely affect current workers. The employer does not need to demonstrate that there is no qualified native U.S. worker for the job." Compare that to: Employment-based visa (such as EB-2 visa, or EB-3 visa) that provides a path to permanent residency (a Green Card) "The employer needs to demonstrate that there is no qualified U.S. worker willing to do the job at a comparable wage, and needs to have made a good-faith effort to recruit a native U.S. worker." You only need to demonstrate an effort to recruit someone when applying for a green card.

H1Bs usually require the employer to prove they couldn't find someone within the country.

drewbug 6y ago

I don't think that's true.

sjg007 6y ago
Why not? Seems entirely plausible.
- mlex 6y ago
  There's no need to speculate on "what's plausible" when it's a documented process: https://news.ycombinator.com/item?id=24703643 https://news.ycombinator.com/item?id=24703643
mamon 6y ago
It is true - as a part of H1B application you need to post a job advertisement in some US job board first, which becomes a part of the documentation you submit to USCIS. I went through that as a part of my own visa process. EDIT: ok, maybe my immigration lawyer was a weirdo :)
- mlex 6y ago
  As someone who's gone through both H-1B and PERM, H-1B only needs the company to prove two things, specifically about how much you're paid: The actual wage: This is the wage paid to other employees in the company who do the same work. The prevailing wage: This is the wage for that occupation in the geographical area. See: https://en.wikipedia.org/wiki/Labor_Condition_Application##1:_Wages_(the_prevailing_wage_requirement) https://en.wikipedia.org/wiki/Labor_Condition_Application##1... https://en.wikipedia.org/wiki/H-1B_visa#Labor_Condition_Application https://en.wikipedia.org/wiki/H-1B_visa#Labor_Condition_Appl...
- mavelikara 6y ago
  > as a part of H1B application you need to post a job advertisement in some US job board first No, this is only part of employment-based greencard (LC) process. For H-1Bs, as part of the LCA process, the employer needs to advertise that a candidate is going to be hired.

sjg007 6y ago

Well yes, theoretically, but I imagine there are plenty of ways to game the system.

mlex 6y ago

This is incorrect. From https://en.wikipedia.org/wiki/Labor_certification#Differences_with_labor_condition_application https://en.wikipedia.org/wiki/Labor_certification#Difference...: Temporary work visa: H-1B, H-1B1, or E-3 "The employer needs to demonstrate that the worker is being paid at least the prevailing wage for that region and occupation, and comparable to native workers in the firm, and that employing the worker will not adversely affect current workers. The employer does not need to demonstrate that there is no qualified native U.S. worker for the job." Compare that to: Employment-based visa (such as EB-2 visa, or EB-3 visa) that provides a path to permanent residency (a Green Card) "The employer needs to demonstrate that there is no qualified U.S. worker willing to do the job at a comparable wage, and needs to have made a good-faith effort to recruit a native U.S. worker." You only need to demonstrate an effort to recruit someone when applying for a green card.