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DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

justice.gov

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Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#2
This also came out and is more narrowly focused on areas relevant to frequent discussion on HN: https://www.uscis.gov/sites/default/files/files/nativedocume...

SUBJECT: Rescission of the December 22, 2000 “Guidance memo on H1B computer related positions”

(edit to add:) Some key passages from the USCIS memorandum: "... an entry-level computer programmer position would not generally qualify as a position in a specialty occupation ...

Based on the current version of the Handbook, the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation."

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#5
post #3

H1b visas have primarily been used by consulting companies to bring in less expensive junior engineers ( [1] http://www.myvisajobs.com/Reports/2017-H1B-Visa-Sponsor.aspx

H1b abusing consulting companies tend to pick the job title with the lowest average compensation no matter what, since the official job title governs allowed salary limits in H1b.

This is why the average salary for a "software consultant" is so much lower than most other titles. These companies all pile on the same lightly used job title to synergistically lower the average salary.

I don't think it has anything to do with seniority levels, it's money. The fact that most of these devs are brought in as junior engineers shows that these companies don't really need employees with specialized knowledge, which is the whole point of the program.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#6
post #3

H1b visas have primarily been used by consulting companies to bring in less expensive junior engineers ( [1] http://www.myvisajobs.com/Reports/2017-H1B-Visa-Sponsor.aspx

More demand for senior engineers will decrease their salaries?

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#7
post #6
post #3

H1b visas have primarily been used by consulting companies to bring in less expensive junior engineers ( [1] http://www.myvisajobs.com/Reports/2017-H1B-Visa-Sponsor.aspx

More demand for senior engineers will decrease their salaries?

More supply of senior engineers will decrease salaries. The visas used to be taken primarily by junior devs preventing (some) senior devs from getting one. Senior devs may no longer be blocked which increases supply. Demand is unchanged, at least in the short-term.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#8
post #3

H1b visas have primarily been used by consulting companies to bring in less expensive junior engineers ( [1] http://www.myvisajobs.com/Reports/2017-H1B-Visa-Sponsor.aspx

H1b abusing consulting companies tend to pick the job title with the lowest average compensation no matter what, since the official job title governs allowed salary limits in H1b. This is why the average salary for a "software consultant" is so much lower than most other titles. These companies all pile on the same lightly used job title to synergistically lower the average salary. I don't think it has anything to do…

They also invented some new job titles: http://www.jobsintech.io/immigration_companies/infosys-limit...

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#9
The consulting firms have been abusing the H-1B system for years. I've been documenting it for couple years here: http://www.jobsintech.io/immigration_companies#name=&city=&s...

You can clearly see that the top companies using H-1B visas are consulting firms.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#10
post #6
post #3

H1b visas have primarily been used by consulting companies to bring in less expensive junior engineers ( [1] http://www.myvisajobs.com/Reports/2017-H1B-Visa-Sponsor.aspx

More demand for senior engineers will decrease their salaries?

Yeah, I don't really see the logic in that post. You will most likely see a slight rise in salaries across the board. In addition a larger effort to recruit for junior positions from universities and job listings.

The only real change is that recruiters will have to change there talent pools. There reliance on H1B is mostly because no one stopped them not because there is a lack of us talent.

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