6 ms·

Right, but that's not "their [sic] are no legal residents in the US that are eligible for the job". That's the PERM process.

sidewndr46 4y ago
Damn you are dense. It is on the employer to prove they are not affecting the wages of US legal residents as part of the LCA. Bringing in foreign labor to a market implicitly lowers the wages of those workers. That is how markets work. Thus, there must be absolutely 0 residents already capable of performing the job. Otherwise the LCA is fraudulent. The only other possibility would be the employer is bringing in foreign labor to pay them a premium over legal residents. Which obviously no one does.
- dang 4y ago
  Breaking the site guidelines like that will get you banned here. Please don't do it again. Your account would be fine without that first sentence. https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html
- renewiltord 4y ago
  This advice is incongruent with that of any lawyer I have consulted on the subject (both from the perspective of an employer and as an employee). To those interested in the subject, you'll have a more accurate picture of the current legal climate from a lawyer. In my experience, it will be very different from this user's legal determination of whether one must prove the existence of 0 US residents for the job. As an employer, USCIS has never required this proof from us for a H-1B.
  - vore 4y ago
    Just as a clarification, the poster is talking about PERM for EB-2 and EB-3 visas which do kind of have those requirements, not H-1B.
- howinteresting 4y ago
  > It is on the employer to prove they are not affecting the wages of US legal residents as part of the LCA. False. All that matters is that H1B workers are being paid over the prevailing wage. > Bringing in foreign labor to a market implicitly lowers the wages of those workers. False. Almost every study done on this has shown the opposite. > That is how markets work. False. That is how the first lecture in Econ 101 says markets work. The first lecture in Econ 101 isn't real. > Thus, there must be absolutely 0 residents already capable of performing the job. False. > Otherwise the LCA is fraudulent. False. > The only other possibility would be the employer is bringing in foreign labor to pay them a premium over legal residents. Which obviously no one does. False. Depends on the employer. You have to pay H1B employees more than the prevailing wage for the job. Many employers target 80th or even 90th+ percentile wages for everyone, including H1B workers.
  - qwytw 4y ago
    > False. Depends on the employer. You have to pay H1B employees more than the prevailing wage for the job. Many employers target 80th or even 90th+ percentile wages for everyone, including H1B workers. Technically not false, pretty obtuse though. Or are you claiming that e.g. software engineers/IT professionals on H1B visas are paid more than local with comparable skills/qualifications? > Bringing in foreign labor to a market implicitly lowers the wages of those workers. > False. That is how the first lecture in Econ 101 says markets work. The first lecture in Econ 101 isn't real. You might try telling that J.Powell he probably never went past Econ 101 (if you listen what he says).
    - howinteresting 4y ago
      I'm saying that people on H1B are paid more than the prevailing wage for a metropolitan region. Many employers pay all employees more than the prevailing wage for the metropolitan region. Where has Powell said anything about immigration, especially the sort of skilled immigration that H1Bs are issued for, and the labor market?
      - qwytw 4y ago

sidewndr46 4y ago

Damn you are dense. It is on the employer to prove they are not affecting the wages of US legal residents as part of the LCA. Bringing in foreign labor to a market implicitly lowers the wages of those workers. That is how markets work. Thus, there must be absolutely 0 residents already capable of performing the job. Otherwise the LCA is fraudulent. The only other possibility would be the employer is bringing in foreign labor to pay them a premium over legal residents. Which obviously no one does.

dang 4y ago
Breaking the site guidelines like that will get you banned here. Please don't do it again. Your account would be fine without that first sentence. https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html
renewiltord 4y ago
This advice is incongruent with that of any lawyer I have consulted on the subject (both from the perspective of an employer and as an employee). To those interested in the subject, you'll have a more accurate picture of the current legal climate from a lawyer. In my experience, it will be very different from this user's legal determination of whether one must prove the existence of 0 US residents for the job. As an employer, USCIS has never required this proof from us for a H-1B.
- vore 4y ago
  Just as a clarification, the poster is talking about PERM for EB-2 and EB-3 visas which do kind of have those requirements, not H-1B.
howinteresting 4y ago
> It is on the employer to prove they are not affecting the wages of US legal residents as part of the LCA. False. All that matters is that H1B workers are being paid over the prevailing wage. > Bringing in foreign labor to a market implicitly lowers the wages of those workers. False. Almost every study done on this has shown the opposite. > That is how markets work. False. That is how the first lecture in Econ 101 says markets work. The first lecture in Econ 101 isn't real. > Thus, there must be absolutely 0 residents already capable of performing the job. False. > Otherwise the LCA is fraudulent. False. > The only other possibility would be the employer is bringing in foreign labor to pay them a premium over legal residents. Which obviously no one does. False. Depends on the employer. You have to pay H1B employees more than the prevailing wage for the job. Many employers target 80th or even 90th+ percentile wages for everyone, including H1B workers.
- qwytw 4y ago
  > False. Depends on the employer. You have to pay H1B employees more than the prevailing wage for the job. Many employers target 80th or even 90th+ percentile wages for everyone, including H1B workers. Technically not false, pretty obtuse though. Or are you claiming that e.g. software engineers/IT professionals on H1B visas are paid more than local with comparable skills/qualifications? > Bringing in foreign labor to a market implicitly lowers the wages of those workers. > False. That is how the first lecture in Econ 101 says markets work. The first lecture in Econ 101 isn't real. You might try telling that J.Powell he probably never went past Econ 101 (if you listen what he says).
  - howinteresting 4y ago
    I'm saying that people on H1B are paid more than the prevailing wage for a metropolitan region. Many employers pay all employees more than the prevailing wage for the metropolitan region. Where has Powell said anything about immigration, especially the sort of skilled immigration that H1Bs are issued for, and the labor market?
    - qwytw 4y ago