Live data from Hacker News

Facebook settles federal lawsuit over allegations it favored foreign applicants

npr.org

51–60 of 107 posts

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#51

Why is this a problem? Why are we trying to manipulate Facebook's hiring practices? We may not like it, but they should be free to hire whomever they please.

I'd recommend looking into H1B laws. By law you can only give out H1B visas if you cannot find an American worker to do the job.

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#52
post #47
post #39

Earlier quoted context omitted.

Disregarding slowdowns due to both Trump's slashing of funding and COVID, for the majority of H-1B holders, it is a 2-3 year pathway. People think otherwise because they have a special (very lengthy) backlog for Indians, and to some extent Chinese. Until about 2018, if you were from another country, 3 years was longer than the average to convert H-1B to a Green Card. Lots of people would get it in less than 2 years.

If I remember correctly, the majority of H-1B holders (around 2 thirds) are Indians. Adding Chinese, it gets up to 80%. PD: I just checked the numbers. I found this: https://www.uscis.gov/sites/default/files/document/data/h-1b... . Indians and Chinese make up to 90% of H-1B petitioners.

My first thought was "Wow!". But some analysis:

The Indian numbers are "inflated" as their backlog is high (i.e. they have to petition to renew their H-1B multiple times) - so for example if it takes 12 years for an Indian to get the GC, they petitioned 4-5 times and the "equivalent" percentage is really about a quarter of the figure shown. Whereas a South Korean likely will get the GC without petitioning a second time, so their numbers remain small.

Put another way, if the wait times for Indians was under 3 years, then about 75% or more of the people listed in the Indian count would have gotten their GC a while ago, and would not be counted.

When you adjust for this inflation, it's not obvious that India + China is > 50%. Nevertheless, I agree it is a significant percentage.

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#53
post #45
post #41

From the article: The government said Facebook intentionally created a hiring system in which it denied qualified U.S. workers a fair opportunity to learn about and apply for jobs that it instead sought to channel to temporary visa holders. - At the scale Facebook operates at and the number of employees they hire it makes a huge material advantage for them to hire cheaper foreigners for the same task. It is rational…

> The only way to eliminate foreigners undercutting American salaries is to eliminate the foreign labor supply competition. The problem isn't foreign labor supply, its that the foreign nationals are forced to stick around at bad employers due to the way US immigration is tied to employment instead of credentials and skills. Comparing US and Canada, A foreign national in Canada who graduates from a STEM degree, and ob…

>the US immigration system ties visas to a single employer

While this is true for the L1 and one other (I believe J1), I don't understand why people believes this to be true for H1Bs. It's simply false- H1Bs can transfer employers, it just takes a couple of weeks and some paperwork, and thousands do it every year. I know a number of folks professionally who've done it without hassle, and I know a couple people in my personal life who've also transferred.

There is a period when an employer has sponsored you for a Green Card that you probably can't switch, but after the EAD is issued you're free to transfer employers again. Basically, 'H1Bs are tied a single employer' is a widespread urban legend

https://www.immi-usa.com/h1b-visa/h1b-visa-transfer/ https://thevisaproject.com/experience/us/h1b-transfer-premiu...

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#54
post #26

Earlier quoted context omitted.

You're essentially saying the practice of using referrals in hiring should be ended.

Paid referrals do get people in the door quickly, but at a cost of low diversity and homogenized skills and backgrounds.

I would challenge the use of word "cost" here, unless you have corroborating data.

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#55
post #24

H1B program needs a 2-3 year pathway to permanent residency. Your continued life in a country shouldn't depend on a private company.

It already is about 2-3 years

Except if you are from China, or India.

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#57
post #54
post #26

Earlier quoted context omitted.

Paid referrals do get people in the door quickly, but at a cost of low diversity and homogenized skills and backgrounds.

I would challenge the use of word "cost" here, unless you have corroborating data.

First google result for "organizational cost of low diversity":

https://www.google.com/amp/s/www.businessinsider.com/accentu...

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#58

Why is this a problem? Why are we trying to manipulate Facebook's hiring practices? We may not like it, but they should be free to hire whomever they please.

I'd recommend looking into H1B laws. By law you can only give out H1B visas if you cannot find an American worker to do the job.

Actually, recommend you read into it at a little as you're completely wrong on that point.

An H-1B only requires a Labor Condition Application (LCA) which is basically an agreement to pay the prevailing wage and an assertion that there's not an ongoing labor dispute (strike, lockout) ongoing at the proposed location of hire.

Re: Facebook settles federal lawsuit over allegations it favored foreign applicants

#59
post #53
post #45

Earlier quoted context omitted.

> The only way to eliminate foreigners undercutting American salaries is to eliminate the foreign labor supply competition. The problem isn't foreign labor supply, its that the foreign nationals are forced to stick around at bad employers due to the way US immigration is tied to employment instead of credentials and skills. Comparing US and Canada, A foreign national in Canada who graduates from a STEM degree, and ob…

>the US immigration system ties visas to a single employer While this is true for the L1 and one other (I believe J1), I don't understand why people believes this to be true for H1Bs. It's simply false- H1Bs can transfer employers, it just takes a couple of weeks and some paperwork, and thousands do it every year. I know a number of folks professionally who've done it without hassle, and I know a couple people in my…

H-1B visas are tied to a specific employer. The fact that you can move between different employers who will individually agree to sponsor a H-1B position doesn't change that fact.

This is fine when you're talking about moving between large companies with the apparatus to do that, but it does mean that H-1B holders have fewer opportunities with smaller employers or those who simply aren't willing to go through the paperwork.

Post reply on HN