3 ms·

Interesting, a Justice Department lawsuit that specifically targets me! (This hopefully won't happen again very soon.) I work for Facebook in the US on an L-1

by pavlov 6y ago

Interesting, a Justice Department lawsuit that specifically targets me! (This hopefully won't happen again very soon.) I work for Facebook in the US on an L-1 visa. I'm currently in the process of applying for permanent residence (green card) through the PERM process targeted here. The Justice Dept seems upset that Facebook doesn't advertise my job on the careers website. The reason is very simple: FB doesn't want to hire someone else for this job. They're doing the PERM process because they want to keep me. I know I'm not underpaid compared to my peers. I'm fairly high level and came to FB through an acquisition. I have deep knowledge and ownership of a very specific piece of the tech stack. It seems bizarre for the Justice Dept to argue that FB should just throw away their investment in me and hire an American instead. How would that help the USA?

lazyasciiart 6y ago
L1 jobs explicitly don't need to be advertised because there is no requirement to show that no Americans were able to be hired. This lawsuit doesn't target you.
- pavlov 6y ago
  That's curious because the agency that does these PERM applications on FB's behalf told me that they're doing the recruitment process and asked me for paperwork related to that. Maybe they were confused about my type of visa.
  - lazyasciiart 6y ago
    If you are on an L1a then you should be going for an EB1 and that is unnecessary. If you are on an L1b then you are probably going for an EB2 and that application does require a PERM. But neither type requires one to bring you to the US in the first place. https://www.path2usa.com/l1a-vs-l1b-visa https://www.path2usa.com/l1a-vs-l1b-visa
jacobriis 6y ago
"The reason is very simple: FB doesn't want to hire someone else for this job. They're doing the PERM process because they want to keep me." It may seem bizarre to you, but that is exactly what the law requires. You're confirming that the DoJ allegations are true. Don't be shocked if Facebook lawyers don't make the argument that actually breaking this law "helps the USA".
- pavlov 6y ago
  I gather that's how the law works. I just don't understand why it's so broken. Say I don't get the green card and my visa expires. Facebook isn't going to suddenly hire an American to do my job. Instead they'll just relocate me back to Europe. Team communication becomes harder and USA loses a taxpayer. Who wins?
  - jacobriis 6y ago
    That same argument applies to every employee outside of any one country of any company with a nexus in another. "We're going to employ person P in country C2 therefore country C1 is losing out to C2 if person P isn't permitted to work in C1." Therefore all borders must be opened. QED.
    - pavlov 6y ago
      Why shouldn’t the US want those highly paid workers instead of country C? Attracting foreign talent was a major factor in America’s success throughout the 20th century. Who benefits from having the Justice Dept filing lawsuits to prevent companies from hiring foreign talent? It doesn’t seem to be the American worker, at least. > “Therefore all borders must be opened. QED.” This is a strawman that shows you’re an ideologue rather than someone discussing in good faith. I said nothing about open borders. I’m puzzled why the Justice Dept doesn’t want someone like me applying for the residence, because realistically almost any other nation would consider me an ideal immigrant candidate.
      - jacobriis 6y ago

by pavlov 6y ago

lazyasciiart 6y ago

L1 jobs explicitly don't need to be advertised because there is no requirement to show that no Americans were able to be hired. This lawsuit doesn't target you.

pavlov 6y ago
That's curious because the agency that does these PERM applications on FB's behalf told me that they're doing the recruitment process and asked me for paperwork related to that. Maybe they were confused about my type of visa.
- lazyasciiart 6y ago
  If you are on an L1a then you should be going for an EB1 and that is unnecessary. If you are on an L1b then you are probably going for an EB2 and that application does require a PERM. But neither type requires one to bring you to the US in the first place. https://www.path2usa.com/l1a-vs-l1b-visa https://www.path2usa.com/l1a-vs-l1b-visa

jacobriis 6y ago

"The reason is very simple: FB doesn't want to hire someone else for this job. They're doing the PERM process because they want to keep me." It may seem bizarre to you, but that is exactly what the law requires. You're confirming that the DoJ allegations are true. Don't be shocked if Facebook lawyers don't make the argument that actually breaking this law "helps the USA".

pavlov 6y ago
I gather that's how the law works. I just don't understand why it's so broken. Say I don't get the green card and my visa expires. Facebook isn't going to suddenly hire an American to do my job. Instead they'll just relocate me back to Europe. Team communication becomes harder and USA loses a taxpayer. Who wins?
- jacobriis 6y ago
  That same argument applies to every employee outside of any one country of any company with a nexus in another. "We're going to employ person P in country C2 therefore country C1 is losing out to C2 if person P isn't permitted to work in C1." Therefore all borders must be opened. QED.
  - pavlov 6y ago
    Why shouldn’t the US want those highly paid workers instead of country C? Attracting foreign talent was a major factor in America’s success throughout the 20th century. Who benefits from having the Justice Dept filing lawsuits to prevent companies from hiring foreign talent? It doesn’t seem to be the American worker, at least. > “Therefore all borders must be opened. QED.” This is a strawman that shows you’re an ideologue rather than someone discussing in good faith. I said nothing about open borders. I’m puzzled why the Justice Dept doesn’t want someone like me applying for the residence, because realistically almost any other nation would consider me an ideal immigrant candidate.
    - jacobriis 6y ago