6 ms·

> Part of the H-1B process is to prove you (hiring company) can't find and equal American citizen to come work for you. This is true for a company sponsored G

> Part of the H-1B process is to prove you (hiring company) can't find and equal American citizen to come work for you. This is true for a company sponsored Green Card application, not H-1B visa.

dvaun 4y ago
It is true if the employer is considered H-1B dependent[0]. For employers with >51 employees if 15% or greater of the employees are H-1B workers then they must attempt to hire US workers first[1]. [0]: https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruitment https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit... [1]: https://www.dol.gov/agencies/whd/fact-sheets/62c-h1b-dependent-employer https://www.dol.gov/agencies/whd/fact-sheets/62c-h1b-depende...
- diebeforei485 4y ago
  To be clear, this is not the same level as the green card PERM process (which requires jobs be advertised in physical newspapers, etc). This simply says equally or higher qualified US workers who apply to the same job should be offered the job, but there is no need to seek out US workers.
  - JamesianP 4y ago
    It does amount to saying if they seek out workers at all, that process needs to include seeking out US workers. At least as I read it.
- lostmsu 4y ago
  > employees if 15% or greater of the employees are H-1B workers then they must attempt to hire US workers first How does this work exactly? Say I am currently unemployed and match the criteria. They post an ad in a paper, I see it and pass the interview. At the negotiation step (because of course total comp is not listed in the ad), I say I will take the job if they pay 2X of what they would have paid to an H-1B if I did not come (again X was never mentioned, it is just the number the company keeps in mind). What next?
  - Ao7bei3s 4y ago
    They may decline you then. To hire an H-1B, the company has to do a Prevailing Wage Determination (PWD), where they ask the Department of Labor what an appropriate wage for this a) job function, b) experience level and c) geographic area is. To go forward with the H-1B, they only have to offer that much for the position.
    - lostmsu 4y ago
      Sounds like a field ripe for corruption.
tablespoon 4y ago
>> Part of the H-1B process is to prove you (hiring company) can't find and equal American citizen to come work for you. > This is true for a company sponsored Green Card application, not H-1B visa. IIRC, that's typically gamed. It's been awhile, but I knew a couple of guys who went through that and I recall they postings "to find an American citizen" were written hyper-specifically in order avoid hiring anyone, and if anyone actually applied, I'd imagine the interview would have been tough with a predetermined outcome. It's a crappy system. Tests like that should be at the start, not at the end. If they're at the end, it just wastes everyone's time and subverts the test: even if you think the company should hire more Americans, are you going to undermine your coworker in such a way that they may get deported? Is it fair to do that after someone's put down roots? (No.)
- throwaway_9_7_5 4y ago
  The pragmatic albeit unpopular response to that is: Do not put down roots while on H-1B as you are not guaranteed anything yet.
  - withinboredom 4y ago
    This is true on any visa in any country. It’s like playing “life in expert mode,” dealing with unfamiliar customs, languages, and currencies; all while trying to make a living.
    - thrown_22 4y ago
      Yes, and that's why the immigrants who make it are the best and brightest. The average ones didn't cut it.
- 22SAS 4y ago
  That and many a time the companies do the job postings on things like local newspapers, which no one reads. This way, the companies get to prove that they posted the job someplace, but no one responded to it. USCIS and the DOL don't care either, as everyone gets to show "see, we are following protocol".

> Part of the H-1B process is to prove you (hiring company) can't find and equal American citizen to come work for you. This is true for a company sponsored Green Card application, not H-1B visa.

dvaun 4y ago

It is true if the employer is considered H-1B dependent[0]. For employers with >51 employees if 15% or greater of the employees are H-1B workers then they must attempt to hire US workers first[1]. [0]: https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruitment https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit... [1]: https://www.dol.gov/agencies/whd/fact-sheets/62c-h1b-dependent-employer https://www.dol.gov/agencies/whd/fact-sheets/62c-h1b-depende...

diebeforei485 4y ago
To be clear, this is not the same level as the green card PERM process (which requires jobs be advertised in physical newspapers, etc). This simply says equally or higher qualified US workers who apply to the same job should be offered the job, but there is no need to seek out US workers.
- JamesianP 4y ago
  It does amount to saying if they seek out workers at all, that process needs to include seeking out US workers. At least as I read it.
lostmsu 4y ago
> employees if 15% or greater of the employees are H-1B workers then they must attempt to hire US workers first How does this work exactly? Say I am currently unemployed and match the criteria. They post an ad in a paper, I see it and pass the interview. At the negotiation step (because of course total comp is not listed in the ad), I say I will take the job if they pay 2X of what they would have paid to an H-1B if I did not come (again X was never mentioned, it is just the number the company keeps in mind). What next?
- Ao7bei3s 4y ago
  They may decline you then. To hire an H-1B, the company has to do a Prevailing Wage Determination (PWD), where they ask the Department of Labor what an appropriate wage for this a) job function, b) experience level and c) geographic area is. To go forward with the H-1B, they only have to offer that much for the position.
  - lostmsu 4y ago
    Sounds like a field ripe for corruption.

tablespoon 4y ago

>> Part of the H-1B process is to prove you (hiring company) can't find and equal American citizen to come work for you. > This is true for a company sponsored Green Card application, not H-1B visa. IIRC, that's typically gamed. It's been awhile, but I knew a couple of guys who went through that and I recall they postings "to find an American citizen" were written hyper-specifically in order avoid hiring anyone, and if anyone actually applied, I'd imagine the interview would have been tough with a predetermined outcome. It's a crappy system. Tests like that should be at the start, not at the end. If they're at the end, it just wastes everyone's time and subverts the test: even if you think the company should hire more Americans, are you going to undermine your coworker in such a way that they may get deported? Is it fair to do that after someone's put down roots? (No.)

throwaway_9_7_5 4y ago
The pragmatic albeit unpopular response to that is: Do not put down roots while on H-1B as you are not guaranteed anything yet.
- withinboredom 4y ago
  This is true on any visa in any country. It’s like playing “life in expert mode,” dealing with unfamiliar customs, languages, and currencies; all while trying to make a living.
  - thrown_22 4y ago
    Yes, and that's why the immigrants who make it are the best and brightest. The average ones didn't cut it.
22SAS 4y ago
That and many a time the companies do the job postings on things like local newspapers, which no one reads. This way, the companies get to prove that they posted the job someplace, but no one responded to it. USCIS and the DOL don't care either, as everyone gets to show "see, we are following protocol".