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Yes. You may only legally hire an H1B visa holder for a role if you can demonstrate that you made a good faith effort to hire an American (technically someone w
by JCM9 2y ago
Yes. You may only legally hire an H1B visa holder for a role if you can demonstrate that you made a good faith effort to hire an American (technically someone with full right to work in the US) and couldn’t.
It’s no secret many companies don’t come close to meeting that standard hence the ramp up of enforcement on those violating the terms of these visas. A green card holder would have the same right to the role as a US Citizen but an H1B visa holder is only a secondary option if others couldn’t be hired.
- amne 2y agowell .. if you offer sub-100k/year salary and no american shows up .. did you make a good faith effort?
- deleted 2y ago[deleted]
- morpheuskafka 2y agoThat's addressed by a different part of the regulations, I think it's called "prevailing wage determination," they set a minimum to avoid that problem. But I'm sure they have ways to exploit that too. However, these workers typically aren't very well qualified nor well matched/experienced in the stack/industry/etc, so sub-100k is arguably justified even if they were US workers.