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Apple discriminated against US citizens in hiring, DOJ says

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Re: Apple discriminated against US citizens in hiring, DOJ says

#181
post #167

Earlier quoted context omitted.

Because if there was actually a shortage of $80k employees the salary would increase. There is no better way to determine where there’s a shortage than the salary.

Are you implying that there is an intractable shortage of CEOs in America, that it's MBA education system has utterly failed to meet demand for? Would that explain why their salaries have skyrocketed over the past few decades?

Gosh, it all makes sense now!

Re: Apple discriminated against US citizens in hiring, DOJ says

#182

Reading into the press release, there is a distinction that probably escapes most native citizens here: they are talking about EB2 visa, not H1B. PERM certification is not the same labor certification done in H1B. PERM is a much more rigorous and demanding process and it costs a lot more money than anything related to H1B. The reason is because it leads to a green card, not just a work permit. Often, it requires an a…

PERM certification is the closest to corporate brain drain that exists. On top of that, people overlook the O1 visa. Both of these are visas that the regular person just can't compete with. They're for individuals the US wants to drain from another country (and are extraordinarily capable of it) and are given to individuals of high accomplishment.

If you're afraid of foreign competition, you should be worried about H1B and similar visas (visas for foreigners willing to slot into a normal "skilled" position), which this article isn't touching on at all. Those are the visas of your peers that companies are willing to hire extranationally.

Re: Apple discriminated against US citizens in hiring, DOJ says

#183
post #55

Reading into the press release, there is a distinction that probably escapes most native citizens here: they are talking about EB2 visa, not H1B. PERM certification is not the same labor certification done in H1B. PERM is a much more rigorous and demanding process and it costs a lot more money than anything related to H1B. The reason is because it leads to a green card, not just a work permit. Often, it requires an a…

This. If the PERM process at Apple is anything like what I saw at Facebook a couple of years ago, then all these “applicants” are actually people already working at the company on non-immigrant visas whom the company wants to retain. There is no reason to assume that they’re being paid any less than others at Apple. They’re already in the country and have been doing the work for years. Why not give them a path to a g…

> There is no reason to assume that they’re being paid any less than others at Apple.

Sure there is. The fact that permanent residency costs money and is often desirable means that there is value in a PERM position over a comparable one with no path to permanent residency. Therefore it is only natural for applicants to require less money to find the compensation desirable.

Re: Apple discriminated against US citizens in hiring, DOJ says

#184
post #179

I don't know if Apple does this but various bodyshop companies (eg Infosys) absolutely do. Other comments have argued PERM applicants are high-quality. That's often not the case. Let me explain the process for non-Americans on how you go through employment-based immigration to the US. You get a work visa. There are typically 4 options. There are 4 major options (there are others that are less common): 1. H1B: require…

> So if you're from India you're effectively an indentured servant for decades because of the backlog.

> Honestly, work visas should just automatically convert to a green card after 6 years.

Taking us from an extreme form of indentured servitude to the kind that was commonly practiced in the 18th century. An improvement!

Re: Apple discriminated against US citizens in hiring, DOJ says

#185

Earlier quoted context omitted.

There is no such thing as correct class. Broadly speaking, there are temporary workers who can eventually become permanent residents. And almost everyone needs to go through the same process which involves this PERM business. And everyone needs to participate in this charade of hiring someone once, then pretending that they don't have the employee, and then emerging victorious by putting out an ad that only that pers…

> Broadly speaking, there are temporary workers who can eventually become permanent residents. The laws governing immigration are very specific about the distinctions between visa classes and the requirements for each class- and the devil is in the details. > The competition and interviews already happened when the person was first hired. Perhaps, but that is your and Apple's (tacit) opinions. The government of the U…

>>The difference in opinion, AFAICT, is you think a GC is a reward for getting a job after besting others (including citizens) in interviews.

No, the difference in opinion is the absurdity of it all. To the extent that the government (DOL) can influence the labor market, for any practical benefit, it needs to do so at the outset and quickly. The market is already altered here with a large immigrant workforce where there are no restrictions on being a temporary worker - even for years or decades. They just have fewer rights. And it doesn't even work as intended. Let's say that Apple wants to hire a permanent employee directly. The PERM process takes a year. Should every company just wait for a year so that DOL can get it together before they can hire employees ? They do what the current regulations permit - bring them as temp workers and let the PERM thing resolve in the background.

Re: Apple discriminated against US citizens in hiring, DOJ says

#186

Reading into the press release, there is a distinction that probably escapes most native citizens here: they are talking about EB2 visa, not H1B. PERM certification is not the same labor certification done in H1B. PERM is a much more rigorous and demanding process and it costs a lot more money than anything related to H1B. The reason is because it leads to a green card, not just a work permit. Often, it requires an a…

Doesn’t that make it worse? That they’ll pursue a far more difficult and costly approach rather than, idk, just try to hire the best candidate for the role?

Re: Apple discriminated against US citizens in hiring, DOJ says

#187

Earlier quoted context omitted.

There is no such thing as correct class. Broadly speaking, there are temporary workers who can eventually become permanent residents. And almost everyone needs to go through the same process which involves this PERM business. And everyone needs to participate in this charade of hiring someone once, then pretending that they don't have the employee, and then emerging victorious by putting out an ad that only that pers…

> Broadly speaking, there are temporary workers who can eventually become permanent residents. The laws governing immigration are very specific about the distinctions between visa classes and the requirements for each class- and the devil is in the details. > The competition and interviews already happened when the person was first hired. Perhaps, but that is your and Apple's (tacit) opinions. The government of the U…

This horse and pony show is a farce, most of us agree. But the fact is, if you don't dangle this GC reward, much fewer people would come to the US for work and study. The "irreplaceable" term is vague enough that if you strictly enforce it, it would effectively shut down this class of visa. Ask yourself this: how many people in your department would be 100% sure to keep their position if their job is offered up to the public again?

Some would welcome the reduced influx of immigrants. But in the long term, it would cripple the US. If an individual can convince a company to sponsor them, they are already highly qualified and productive to society. If you deny even these people from immigrating here, then who would you let in? You turn them away and China or the EU would gladly take them. Meanwhile, you lose a significant portion of your workforce that contribute tax without ever withdrawing from it and a lot of research and development at the PhD and master levels done at minimum wages.

The current situation benefits the US a lot. There is a reason why they are hesitating to make any big reform. The US is having the chance to exploit the world's best and brightest all for a few pieces of paper a year. At most there are 140K permanent residents being made each year via this route. It is insignificant compared to the millions of US college graduate annually. The argument about "they took our jobs" is not really valid to me.

Re: Apple discriminated against US citizens in hiring, DOJ says

#188

Earlier quoted context omitted.

"You will obey your manager or you will be deported" is very powerful.

Yeah.... Except that this is not true. There's not enough talent in US, so we have to seek elsewhere. American graduates have these starry eyes and want to work mostly in two types of companies FAANG or early stage startups... Who's going to go to work at pharma companies, banks, electric companies?

Guess those companies can start paying more. There is no labor shortage, only a wage shortage.

Re: Apple discriminated against US citizens in hiring, DOJ says

#189

Earlier quoted context omitted.

Yeah.... Except that this is not true. There's not enough talent in US, so we have to seek elsewhere. American graduates have these starry eyes and want to work mostly in two types of companies FAANG or early stage startups... Who's going to go to work at pharma companies, banks, electric companies?

> There's not enough talent in US The hiring pool could be larger, but HR and hiring managers don't want men over 50.

There is no hidden pool of SWE talent over 50. The number of engineers that are over 50 now is going to be roughly equivalent to the number software engineers there were 30 years ago, which is maybe 5% of the number today.

Re: Apple discriminated against US citizens in hiring, DOJ says

#190

Earlier quoted context omitted.

"You will obey your manager or you will be deported" is very powerful.

Yeah.... Except that this is not true. There's not enough talent in US, so we have to seek elsewhere. American graduates have these starry eyes and want to work mostly in two types of companies FAANG or early stage startups... Who's going to go to work at pharma companies, banks, electric companies?

Maybe they could sell a downtown skyscraper so they can afford competitive salaries.
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