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

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31–40 of 123 posts

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

#32
post #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.

A simple solution for the consulting companies would be a rule requiring all H-1B sponsors to have at least 51% of their domestic staff be US citizens. That would ruin the wacked out business model of the body shops and return to a fair playing field for Americans in their own country.

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

#34
post #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…

This is just bringing up the Nebraska center up to speed with the California and Vermont centers. This is done because Nebraska will restart processing H-1B application which it had not been. USCIS clarified there is no change in policy.

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

#35
post #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.

A simple solution for the consulting companies would be a rule requiring all H-1B sponsors to have at least 51% of their domestic staff be US citizens. That would ruin the wacked out business model of the body shops and return to a fair playing field for Americans in their own country.

Not sure if that's sufficient, but I wanted to answer to your "Americans..." comment: This isn't just an issue for Americans, it's also bad for actually highly qualified foreigners and other companies. Because a few companies gobble up all the visas, the rest have to go through the lottery. Which actually makes it hard to hire highly qualified immigrants, because it takes agrees to see of you're lucky.

I've been through this, and it sucks. In the end I got another type of visa, but that cost a lot of energy and money.

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

#37

There is H-1B, but there is also H-4 (dependents), as well as L-1/L-2. My prediction is that if H-1B visas will be squeezed, we'll see a pick-up in L-1. https://apps.axibase.com/chartlab/8c9bb9cc/8/#fullscreen

What has H-4 got to do with anything? You can't work on that.

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

#38
post #19

No matter how you frame the issue, call it an abuse, or try to solve it, I don't think anything will change other than some minor adjustments. Jobs are not going to magically appear or wages rise. India/China has a huge supply of engineers across the board (good, bad, senior, junior etc.,). And US companies always want to maximize their profits. So increasing the bar on H-1B visas will increase the quality of H-1B's…

Protectionism does work. Just ask the Lawyers and the Airline pilots. The reason software engineers are not paid as well now is because we don't have a Bar association or Labor union to keep out the low rate foreign competition.

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

#39
post #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.

Between large outsourcing companies (TCS, Infy, Cognizant, IBM etc) and American staffing companies (Edison-based "desi body shops" etc) - who uses H-1Bs more, in your analysis?

clearly, by the numbers, its the shit shows like tcs and cognizant, ibm and infosys.

I dread the reseller opportunities we get from those disorganized fucknuts.

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

#40
post #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.

Someone posted this link. https://www.uscis.gov/working-united-states/temporary-worker... There are whole IT divisions where there is not a single US citizen or GC holder. Tell me how can one distinguish between projects where the whole project members are H1B holders. Do you expect anyone to complain? The whole thing feels like a april fools joke to me....

If there are reasons to complain, _both_ H-1B holders and others are encouraged to complain. But just because some projects are staffed with H-1Bs, there is no indication of foul play. From the link you posted:

    Examples of H-1B fraud indicators may include:

    * The H-1B worker is not or will not be paid the wage certified on the
      Labor Condition Application (LCA).
    * There is a wage disparity between H-1B workers and other workers 
      performing the same or similar duties, particularly to the detriment 
      of U.S. workers.
    * The H-1B worker is not performing the duties specified in the H-1B 
      petition, including when the duties are at a higher level than the 
      position description.
    * The H-1B worker has less experience than U.S. workers in similar 
      positions in the same company.
    * The H-1B worker is not working in the intended location as certified 
      on the LCA.
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