3 ms·

Speaking of the application process, are H1Bs ever denied by the government? Does the current process put the burden of proof on the government to show that ye

• prostoalex 11y ago
  > Does the current process put the burden of proof on the government to show that yes, there are in fact US workers who could do this job? The burden is on the company. They must advertise the position externally and internally. Note that in this case it wouldn't be Disney advertising the position and filing the application - it would be the outsourcing company.
• parennoob 11y ago
  > Does the current process put the burden of proof on the government to show that yes, there are in fact US workers who could do this job? No, it puts the burden of proof on the employer. My employer had to submit about 600 pages of paperwork to show that yes, they did look around a lot before hiring me (including records of applications by candidates). I have no idea how the outsourcing firms get away with that.
  • Eridrus 11y ago
    > I have no idea how the outsourcing firms get away with that. They make job descriptions that only the immigrant worker could possibly fill, e.g. they demand that they have all the niche skills a candidate has that could possibly apply to the role, they demand that candidates are willing to work for the same pay in the same location and they do their best to advertise the position in places people won't look, like physical newspapers. I also find that the prevailing wage information for software engineers is very low, at least when I've seen it on my own LCA forms it's been a lot lower than what I'm getting paid and I can easily see how other companies could abuse the process.