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

justice.gov

61–70 of 123 posts

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

#61

Earlier quoted context omitted.

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

You can't, but you can search for a job with an employer who would be willing to sponsor an H1-B. Being in the country makes it much easier.

> you can search for a job with an employer who would be willing to sponsor an H1-B

What is wrong in doing that?

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

#62
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…

This is a big win for consulting firms as their offshore profitability per employee is 3 times higher than onsite. Given a choice, they would want all their employees offshore, and the only reason they had to bring in some % of H-1B's was on the US client companies request, which they may do away with

The clients probably have a reason for wanting consultants onsite. Many modern software development processes ("agile methodologies") require ongoing communication between a customer and developers. This is a lot harder remotely, especially when you factor in language differences and time zones. So a significant number would probably pay more to keep a local dev team.

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

#63
post #54

Earlier quoted context omitted.

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....

Our entire company including founders are people on H1B. If USCIS harasses us we will move to Canada or some place else.

How are the founders on H1B? That's a temporary worker visa that requires employment sponsorship. An EB1 would be the more appropriate visa. If the founders are sponsoring their own visa -- well that would be a neat trick.

As far as the entire company being H1B -- is it even possible that not a single American was available for a job?

H1B is heavily abused.

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

#64
post #54

Earlier quoted context omitted.

Our entire company including founders are people on H1B. If USCIS harasses us we will move to Canada or some place else.

If they are ALL on H1Bs, then why are they located in the states at all? I'm pro immigration (and H1B), but that just seems weird.

[deleted]

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

#65
post #54

Earlier quoted context omitted.

Our entire company including founders are people on H1B. If USCIS harasses us we will move to Canada or some place else.

How are the founders on H1B? That's a temporary worker visa that requires employment sponsorship. An EB1 would be the more appropriate visa. If the founders are sponsoring their own visa -- well that would be a neat trick. As far as the entire company being H1B -- is it even possible that not a single American was available for a job? H1B is heavily abused.

It's perfectly legal now to be a founder on an H1B if there is a way for the "company" to fire any individual. Establishing a board of directors with investors or having 3 co founders so that any 2 can fire the third.

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

#66
post #54

Earlier quoted context omitted.

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....

Our entire company including founders are people on H1B. If USCIS harasses us we will move to Canada or some place else.

Umm that doesn't seem possible. The H1b is an employment visa. As in someone literally has to employ you. Are you sure they're not on EB1?

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

#67
post #55

Earlier quoted context omitted.

Easiest solution is stack rank all H1b applicants by salary and fill the quota with based on ranking. Top talent in theory should be making the most money so we wouldn't risk losing them.

Seems like an incredibly short-sighted strategy to ensure that only one type of person get's the visa.

Computer programmers aren't the highest paid H1Bs.

http://www.myvisajobs.com/Reports/2017-H1B-Visa-Category.asp...

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

#68
post #57
post #45

Earlier quoted context omitted.

You know what's the fastest way to curb H-1B fraud? Make it so that if an H-1B visa holder complains, and their complaint is found to be valid, they are entitled to apply for a green card immediately, and get EAD for the duration of their application.

Then you get H-1B fraud complaint fraud ;)

I'm fairly sure an H1B'er isn't going to seek extra USCIS attention unless things are bad.

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

#69

Earlier quoted context omitted.

You can't, but you can search for a job with an employer who would be willing to sponsor an H1-B. Being in the country makes it much easier.

> you can search for a job with an employer who would be willing to sponsor an H1-B What is wrong in doing that?

It causes incremental demand for H1-B visas from H-4 dependents whose specialized skills were not sufficient to warrant an issuance of an H1-B visa in the first place. This could be happening at the expense of more qualified H1-B candidates without physical presence in the country, as well as at the expense of citizens and permanent residents.

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

#70
post #54

Earlier quoted context omitted.

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....

Our entire company including founders are people on H1B. If USCIS harasses us we will move to Canada or some place else.

Being located in the US but staffed 100% from overseas sounds strange. Did you guys make a conscious decision to exclude US born workers?

Moreover, please walk me through your "I'll take my ball and go to Canada" ultimatum : if you don't employ a single American, why should Americans care about this particular threat? Are your contributions to the local economy that significant?

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