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H-1B Willful Violator List of Employers

dol.gov

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Re: H-1B Willful Violator List of Employers

#41

Post by mattlutze »

dccoolgai wrote: post #32
mynameisvlad wrote: post #26

Earlier quoted context omitted.

They just have to post it at their place of business, so the public wouldn't have access to them. This is unlike the EB3 process where a job posting has to be made public as part of PERM.

Actually, you're wrong according to: https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62O... for "H1-B Dependent Employers" "Such employers must take good faith steps to recruit U.S. workers for any job for which they seek H-1B workers."

Local paper postings or physical job boards may be enough to qualify for good faith efforts, especially if there's legal precedence defining just how much effort they have to expend.

Re: H-1B Willful Violator List of Employers

#42

Post by mynameisvlad »

dccoolgai wrote: post #32
mynameisvlad wrote: post #26

Earlier quoted context omitted.

They just have to post it at their place of business, so the public wouldn't have access to them. This is unlike the EB3 process where a job posting has to be made public as part of PERM.

Actually, you're wrong according to: https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62O... for "H1-B Dependent Employers" "Such employers must take good faith steps to recruit U.S. workers for any job for which they seek H-1B workers."

From your own link:

> Either external or internal to the employer’s workforce; or

So no, no public posting is required. It could all be internal recruiting and still pass the bar for H1-B. "Good faith" is also a very broad definition so it wouldn't surprise me that a very minimum amount of work is considered within the scope of that.

Re: H-1B Willful Violator List of Employers

#43

Post by stale2002 »

dccoolgai wrote: post #15
kinofcain wrote: post #9

None of the largest body shops being present on the list is sad. The H-1B program is all too clearly abused by large "consulting" firms to drive down wages and mistreat visa holding employees under the threat of deportation.

I've often wondered - I know there are requirements for them to "post" those openings before they get the visa - if there is a way for "concerned citizens" to challenge them through the department of labor or something... we could make a website that would let professional engineers volunteer their spare time go down the list of WiPro's (or whatever the big offender companies are) visa requests and call BS on them.

That wouldn't work.

I'm sure these companies would be more than happy to hire an American who responds to their job request if that American was willing to work for 50k.

Re: H-1B Willful Violator List of Employers

#44

Post by jonwachob91 »

geodel wrote: post #33
CyanLite2 wrote: post #27

I didn't see Tata, Infosys, Disney, or Edison Electric anywhere on that list. Did I miss something?

Yeah, you missed that rich and powerful are not really required to face consequences of their actions.

We'll see. Two of the victims from Disney's fiasco last year just filled a law suit - http://www.orlandosentinel.com/business/os-disney-h1b-visa-l...

Hopefully the outcome from this lawsuit will hurt more then a flick on the nose...

Re: H-1B Willful Violator List of Employers

#45

Post by ProAm »

farnell wrote: post #35
ProAm wrote: post #18

Earlier quoted context omitted.

I completely agree, but it's having your cake and eating it too. I'm in full support of H-1B, but you shouldn't be allowed cheaper labor and also not pay taxes. I'd like to see one or the other, pay taxes and have lower labor, or employee Americans and get tax breaks.

all visa holders pay all taxes. we even pay social security which we are not entitled to unless we become permanent residents.

Im talking about the companies employing them, not the employee.

Re: H-1B Willful Violator List of Employers

#46

Post by mynameisvlad »

dudul wrote: post #38
bgribble wrote: post #17

Earlier quoted context omitted.

The US is a nation of immigrants. As it stands now, H1-B is one of the few paths for technically-educated people to get lawful work and eventual permanent residence and citizenship in the US. I don't think there's anything wrong with sponsoring an H1-B for a talented and qualified person who wants to live in the US. There's room, and there are jobs, and complaining about immigrants is just stupid. That said, the H1-B…

An H1-B is not a path to permanent residence. Having an H1-B does not help in any way with getting a green card. If you apply through employment the sponsoring company does not get any fee reduction, the application is not processed any faster. This is a completely independent petition. The only way you could say an H1B is a path to immigration is for the case where a non-immigrant meets a spouse and get a green card…

This isn't fully correct. For most Canadians, for example, the H1B is the stepping stone between the TN (a nonresident-only status) and EBX. You can certainly get an employment based visa on a TN, but the process is complicated, has many rules and restrictions, and is just a whole lot more simple with a H1B.

Re: H-1B Willful Violator List of Employers

#47

Post by [deleted] »

dudul wrote: post #38
bgribble wrote: post #17

Earlier quoted context omitted.

The US is a nation of immigrants. As it stands now, H1-B is one of the few paths for technically-educated people to get lawful work and eventual permanent residence and citizenship in the US. I don't think there's anything wrong with sponsoring an H1-B for a talented and qualified person who wants to live in the US. There's room, and there are jobs, and complaining about immigrants is just stupid. That said, the H1-B…

An H1-B is not a path to permanent residence. Having an H1-B does not help in any way with getting a green card. If you apply through employment the sponsoring company does not get any fee reduction, the application is not processed any faster. This is a completely independent petition. The only way you could say an H1B is a path to immigration is for the case where a non-immigrant meets a spouse and get a green card…

[deleted]

Re: H-1B Willful Violator List of Employers

#48

Post by zht »

dudul wrote: post #38
bgribble wrote: post #17

Earlier quoted context omitted.

The US is a nation of immigrants. As it stands now, H1-B is one of the few paths for technically-educated people to get lawful work and eventual permanent residence and citizenship in the US. I don't think there's anything wrong with sponsoring an H1-B for a talented and qualified person who wants to live in the US. There's room, and there are jobs, and complaining about immigrants is just stupid. That said, the H1-B…

An H1-B is not a path to permanent residence. Having an H1-B does not help in any way with getting a green card. If you apply through employment the sponsoring company does not get any fee reduction, the application is not processed any faster. This is a completely independent petition. The only way you could say an H1B is a path to immigration is for the case where a non-immigrant meets a spouse and get a green card…

It's not a path in the most pedantic term, but if I were born in China or India, the usual path is

1. do masters in the US

2. work on OPT until I am fortunate enough to be picked in H1B lottery, or until my OPT runs out, whichever comes first

3. IF I get picked in H1B lottery, apply for PR

4. wait 4-8 years for my category to be current

5. eventually get PR

short of an investor visa, marrying someone who is a citizen, qualifying for EB1, or applying from abroad and waiting 10 years, how else do I get a green card?

Re: H-1B Willful Violator List of Employers

#49

Post by noer »

farnell wrote: post #35
ProAm wrote: post #18

Earlier quoted context omitted.

I completely agree, but it's having your cake and eating it too. I'm in full support of H-1B, but you shouldn't be allowed cheaper labor and also not pay taxes. I'd like to see one or the other, pay taxes and have lower labor, or employee Americans and get tax breaks.

all visa holders pay all taxes. we even pay social security which we are not entitled to unless we become permanent residents.

To be perfectly honest, the majority of American residents/citizens that are currently paying social security likely won't receive any kind SS benefit.

Re: H-1B Willful Violator List of Employers

#50

Post by dccoolgai »

stale2002 wrote: post #43
dccoolgai wrote: post #15

Earlier quoted context omitted.

I've often wondered - I know there are requirements for them to "post" those openings before they get the visa - if there is a way for "concerned citizens" to challenge them through the department of labor or something... we could make a website that would let professional engineers volunteer their spare time go down the list of WiPro's (or whatever the big offender companies are) visa requests and call BS on them.

That wouldn't work. I'm sure these companies would be more than happy to hire an American who responds to their job request if that American was willing to work for 50k.

Wrong. The applicant company has to prove that the salary they are offering is at/above industry standard. (Let's not debate whether they actually do that - and what they might do to skirt that... that's the point I was originally making: we should submit formal complaints about those things... or, to wit: "you don't have a right to complain about something if you don't try to fix it.")
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