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Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

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Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#21

Post by quadrifoliate »

kfprt wrote: post #4
jorblumesea wrote: post #3

Earlier quoted context omitted.

For FB, the H1B is largely used for pretty smart people across the globe. Their talent bar is high and so are the salaries. It truly is bringing in the best and brightest from around the world. There's also the debate about how confusing/outdated the PERM process can be. For the WITCH companies, it's likely undercutting American talent. Which is why the lawsuit is so ridiculous, why not go after the real perpetrators…

Pray tell what special skills a foreign "art director" has than an American doesn't?

> Pray tell what special skills a foreign "art director" has than an American doesn't?

If the position is for a company that specializes in French designs, I think it's likely that a French art director might have a better understanding of the domain than an American does.

I like how Hollywood gets a free pass on this. I wonder how it would look with American-only actors.

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#22

Post by davidw »

The elephant in the room: make it too hard to employ talented foreigners, and sooner or later companies will just open up offices there, rather than here. Remote work has only made this easier.

I want smart, hard working, talented people coming to the US, myself.

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#23

Post by WesolyKubeczek »

This is a perfect case of good intentions on both sides creating hell. I've been sponsored in a country with similar requirements - every time you hire someone from abroad, you need to present evidence that you have tried really hard to hire someone local and failed. The levels of absurd there are likely the highest in the whole decade-long quest of my naturalization.

Just this once, my sympathies are with Facebook.

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#24

Post by WesolyKubeczek »

jmwilson wrote: post #20

An earlier article has a bit more description of the complaint: https://archive.md/67DiB For those curious about how this works, the company has to show it tried and couldn't hire a US resident, but they don't have to try very hard... so the company posts a brief job opening in a local newspaper. When nobody responds, because it's the newspaper, tada! Proof there was no American-based talent capable of filling the jo…

Is this a requirement in the US just for the initial hire, or do you also need to do the same when turning temporary position into a permanent one so your employee has a reason to apply for permanent residence, too?

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#25

Post by kfprt »

davidw wrote: post #22

The elephant in the room: make it too hard to employ talented foreigners, and sooner or later companies will just open up offices there, rather than here. Remote work has only made this easier. I want smart, hard working, talented people coming to the US, myself.

And I want a low unemployment rate so I can pay less in taxes due to the costs of welfare.

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#26

Post by outworlder »

kfprt wrote: post #2

>The tech industry broadly relies on H-1B visas to plug gaps in their technical workforce, Does America not have schools or would Facebook rather just underpay foreigners? 14$ million is peanuts compared to the scope of H1B fraud.

> compared to the scope of H1B fraud.

Which is largely overblown for political gain.

Some companies abuse/have abused the program - mostly large consultancies. Focus on that.

H1 is a US superpower. Companies can pick brains among the entire planet(many of those brains WANT to be picked). At essentially no cost to the country.

Yes, each one will 'take' a job, but how many jobs are created by immigrants? The yearly cap is 65k. One Elon Musk generates more than that.

> underpay

Check the article, it is talking about "lucrative" jobs.

> Does America not have schools

Are you talking about the ridiculously expensive universities(and higher education in general)? Maybe fix that?

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#28

Post by azinman2 »

davidw wrote: post #22

The elephant in the room: make it too hard to employ talented foreigners, and sooner or later companies will just open up offices there, rather than here. Remote work has only made this easier. I want smart, hard working, talented people coming to the US, myself.

There needs to be a balance as there’s an existing country that enabled these companies to exist and grow as large as they have on the backs of its treasure and blood.

Personally I think we should be trying to get most of the worlds brightest to want to become citizens here. The issue is when companies have low skilled jobs that they want H1Bs using because they can pay them less and know they’ll stay around as they need to for their visa. That’s an abuse of the system.

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#29

Post by chovybizzass »

boglurker wrote: post #6
jorblumesea wrote: post #3

Earlier quoted context omitted.

For FB, the H1B is largely used for pretty smart people across the globe. Their talent bar is high and so are the salaries. It truly is bringing in the best and brightest from around the world. There's also the debate about how confusing/outdated the PERM process can be. For the WITCH companies, it's likely undercutting American talent. Which is why the lawsuit is so ridiculous, why not go after the real perpetrators…

I thought another reason H1Bs are preferred by tech companies is because it limits the opportunities that your high skilled employee have access to, as far as I'm aware it's harder and riskier to switch jobs without getting deported if you're on a H1B visa which means the employees will put up with worse treatment and worse wages compared to native colleagues, though I'm fuzzy on the specifics

It's called "indentured servants"

Re: Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants

#30

Post by outworlder »

avasylev wrote: post #14
boglurker wrote: post #6

Earlier quoted context omitted.

I thought another reason H1Bs are preferred by tech companies is because it limits the opportunities that your high skilled employee have access to, as far as I'm aware it's harder and riskier to switch jobs without getting deported if you're on a H1B visa which means the employees will put up with worse treatment and worse wages compared to native colleagues, though I'm fuzzy on the specifics

that's only the case if company intentionally delays application process for green card, which usually takes 1.5 year (unless applicant is form the country that hit the per-country limit, like India). 1.5 year "guaranteed" retention is not that significant to deal with visas/GC. Companies that do intentionally delay the GC process, that's different story, they can stretch the application for many years and have lever…

> which usually takes 1.5 year

In my experience it takes WAY longer than that, just on processing times. As in, I've never even heard of anyone getting permanent residency that quickly, at least for employment-based. If you are talking about marriage or family-based, sure.

Any audits or RFEs during the process and you are looking easily at twice the time you quoted. Probably even more - given the recent delays in the H4 extension process, which causes your own application to have to wait until your dependents can join you.

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