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There is no requirement to demonstrate that you cannot find an American to do the job to get an H1b visa approved. If that person applies for a PERM position (n

There is no requirement to demonstrate that you cannot find an American to do the job to get an H1b visa approved. If that person applies for a PERM position (needed to convert to a green card) there is. Hence the H1b is easy to game by employers to get cheap indentured servants. With PERM (converting to a green card) they try to hide the job postings so that people will not apply so that they can get the green card approved. Some of the tricks include putting ads in the newspaper, using esoteric websites and other media such as radio instead of job boards where tech people actually look for jobs. Some Americans who have trouble finding jobs in the current market took on a side project of scraping newspaper ads and these job boards and created https://www.jobs.now/ https://www.jobs.now/ which lists these jobs. If enough Americans that meet the minimum qualifications apply for a listed job it stops the green card process for that position, usually for 6 months before the sponsor may try again. Also, there are a lot of stories about people getting O-1 visas via fake credential mills and research papers. Both can and are being gamed to get O-1's.

unsupp0rted 1y ago
A lot of these jobs are from places like Stripe or Big-4 accounting. Are they hiding jobs?
- lgleason 1y ago
  They are making these specific jobs tough to find because they are for a PERM test and don't want to get applicants. This video is old, but the same thing is happening today. https://www.youtube.com/watch?v=TCbFEgFajGU https://www.youtube.com/watch?v=TCbFEgFajGU
  - mythrwy 1y ago
    I live in a remote, low education, low income, low population area and they frequently take out classified ads specifically here. I haven't bothered to ever apply because to me it seemed obvious what is going on.
nine_k 1y ago
Thanks for the jobs.now! I still think that you mix up the "green card" and the "H1B visa". The green card is a status of a permanent resident. A person legally living in the US for enough time (5 years or so) on a variety of visas can apply to get it. It costs significant money so an employer usually helps with that. The H1B visa is a visa for a worker on a position for which a company fails to hire a worker in the US. That worker may become or not become a permanent US resident afterwards.
- aprilthird2021 1y ago
  No, he is right. Despite common sense, the labor test (seeing if an American can do the job the visa holder is currently doing) is applied at green card application time, not at H1B visa time.
- lgleason 1y ago
  I updated my comment to clarify what I meant by PERM, which is a green card application. "The H1B visa is a visa for a worker on a position for which a company fails to hire a worker in the US." The H1B visa application has no requirement to try to recruit US workers which makes it easier to game the system to pay the lowest wage possible.
  - fredfoobar 1y ago
    so, you believe that the H1B worker shouldn't get a greencard?
    - lgleason 1y ago
      If there are qualified American workers who are looking for work and applying for these positions then no, they should not. Legally they cannot either. Now on the flip side, if there is an actual shortage of qualified workers then sure. But right now, there is no shortage of qualified workers in most of these slots, especially if companies are willing to pay a competitive wage.
      - 1y ago
deleted 1y ago
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reaperducer 1y ago
they try to hide the job postings so that people will not apply so that they can get the green card approved. And this explains why I recently heard an ad on KNX radio for a tech job at a winery or brewery or something similar, which specified that applications would only be taken by mail. It also had a massive list of responsibilities and a pay rate about half of what it should be.
- digianarchist 1y ago
  You can report that to the Department of Labor. They are supposed to take applications in the same way they usually do. If they accept online applications for other positions they should be taking them for PERM recruiting too.
digianarchist 1y ago
I scraped through PERM before the recruiting phase started getting attention from websites like jobs.now. I'm not against this and would expand the test to non-immigrant visas. Meta being sued by the DoL was supposed to stop ridiculous gaming of the process [0]. Still I think a points system would be better for America and the RAISE Act is looking better everyday [1]. [0] - https://www.cnbc.com/2021/10/19/facebook-settles-claims-it-discriminated-against-us-workers-for-jobs.html https://www.cnbc.com/2021/10/19/facebook-settles-claims-it-d... [1] - https://en.wikipedia.org/wiki/RAISE_Act https://en.wikipedia.org/wiki/RAISE_Act

unsupp0rted 1y ago

A lot of these jobs are from places like Stripe or Big-4 accounting. Are they hiding jobs?

lgleason 1y ago
They are making these specific jobs tough to find because they are for a PERM test and don't want to get applicants. This video is old, but the same thing is happening today. https://www.youtube.com/watch?v=TCbFEgFajGU https://www.youtube.com/watch?v=TCbFEgFajGU
- mythrwy 1y ago
  I live in a remote, low education, low income, low population area and they frequently take out classified ads specifically here. I haven't bothered to ever apply because to me it seemed obvious what is going on.

nine_k 1y ago

Thanks for the jobs.now! I still think that you mix up the "green card" and the "H1B visa". The green card is a status of a permanent resident. A person legally living in the US for enough time (5 years or so) on a variety of visas can apply to get it. It costs significant money so an employer usually helps with that. The H1B visa is a visa for a worker on a position for which a company fails to hire a worker in the US. That worker may become or not become a permanent US resident afterwards.

aprilthird2021 1y ago
No, he is right. Despite common sense, the labor test (seeing if an American can do the job the visa holder is currently doing) is applied at green card application time, not at H1B visa time.
lgleason 1y ago
I updated my comment to clarify what I meant by PERM, which is a green card application. "The H1B visa is a visa for a worker on a position for which a company fails to hire a worker in the US." The H1B visa application has no requirement to try to recruit US workers which makes it easier to game the system to pay the lowest wage possible.
- fredfoobar 1y ago
  so, you believe that the H1B worker shouldn't get a greencard?
  - lgleason 1y ago
    If there are qualified American workers who are looking for work and applying for these positions then no, they should not. Legally they cannot either. Now on the flip side, if there is an actual shortage of qualified workers then sure. But right now, there is no shortage of qualified workers in most of these slots, especially if companies are willing to pay a competitive wage.
    - 1y ago

deleted 1y ago

[deleted]

reaperducer 1y ago

they try to hide the job postings so that people will not apply so that they can get the green card approved. And this explains why I recently heard an ad on KNX radio for a tech job at a winery or brewery or something similar, which specified that applications would only be taken by mail. It also had a massive list of responsibilities and a pay rate about half of what it should be.

digianarchist 1y ago
You can report that to the Department of Labor. They are supposed to take applications in the same way they usually do. If they accept online applications for other positions they should be taking them for PERM recruiting too.

digianarchist 1y ago

I scraped through PERM before the recruiting phase started getting attention from websites like jobs.now. I'm not against this and would expand the test to non-immigrant visas. Meta being sued by the DoL was supposed to stop ridiculous gaming of the process [0]. Still I think a points system would be better for America and the RAISE Act is looking better everyday [1]. [0] - https://www.cnbc.com/2021/10/19/facebook-settles-claims-it-discriminated-against-us-workers-for-jobs.html https://www.cnbc.com/2021/10/19/facebook-settles-claims-it-d... [1] - https://en.wikipedia.org/wiki/RAISE_Act https://en.wikipedia.org/wiki/RAISE_Act