3 ms·

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

by 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.

by dvaun 4y ago

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.