Indians prefer to hire their own, this is very well known. And because this can’t even be discussed honestly, US corporations are powerless against this preferential treatment.
Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
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Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#22Earlier quoted context omitted.
Actually, as a hiring manager, you can't discriminate between whether someone is a U.S. Citizen or an H1B. So in reality, you're going through a stack of applicants in order. If your HR group puts a bunch of H1B's in front of a citizen candidate, that's it. So no, your assertion that there is an implicit "there is no American we can hire to fill this" is false. We can't even consider that.
You absolutely can discriminate on the criteria of 'will this person require a visa now or at any point in the future', and tons of companies put that requirement right in their job postings. If your company told you otherwise they are mistaken
From https://www.eeoc.gov/national-origin-discrimination
> The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#23>The American workers say that India’s Tata Consultancy Services illegally discriminated against them based on their race and age, firing them Question to the Americans: if in the US you don't need a reason to fire someone, how can you prove the company was discriminating you when they fired you if they didn't give a reason.
Precisely. This is not a problem with Tata. It is a problem with the extremely backward labour laws in the United States.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#24I don’t think there is anything wrong with this. If anything, we should change the law to encourage much more high-skill immigration
The H1-B program allows a large number of people into the US, and frankly they vary a ton in how 'skilled' they are. Some are super-smart, some are mediocre, some are just bad. This really confounds the human tendency to make simplistic snap judgements about things.
From my experience, the best H1-Bs go to the FAANGs (or whatever we're calling them these days). The middle of the pack go to consulting companies like Accenture or Wipro. And the subpar ones are C2C consultants for dodgy sweatshops, the kind who fill our inboxes with their 'hotlists' (if you know then you know). While most of them got a STEM Master's here in the US, if you look at the resumes of the weaker ones it's generally from some college you've literally never heard of- Northern North Dakota State or something. I would imagine that they're basically running a borderline diploma mill that's profiting off of foreign families who hope their child will get a Green Card
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#25I don’t think there is anything wrong with this. If anything, we should change the law to encourage much more high-skill immigration
Thanks ushtaritk.
The problem is, Indians can’t create an America. What they create is an India, and they will, inevitably, in America also. And that’s a shame.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#26Indians prefer to hire their own, this is very well known. And because this can’t even be discussed honestly, US corporations are powerless against this preferential treatment.
Any sources, data etc. to back that up? Is it also for other ethnicities? How many of the top Indian CEO directs are Indian?
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#27Maybe the company simply prefers to hire Indians better cultural fit etc. this is one of the main things considered when making a hiring decision. Will this person get on well with the team, be productive etc.
Yes I’ve seen this. It becomes a take over. And soon, yeah, the only people that fit are other Indians.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#28I don’t think there is anything wrong with this. If anything, we should change the law to encourage much more high-skill immigration
This isn't a question pro/against immigration, this is a question of did Tata break existing laws protecting domestic labor.
> If anything, we should change the law to encourage much more high-skill immigration.
I don't think any reasonable person would argue argue against importing highly skilled laborers to increase GDP per capita, that is, to fill a genuine labor shortage that domestic supply cannot fill within a reasonable span of time.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#29Earlier quoted context omitted.
You absolutely can discriminate on the criteria of 'will this person require a visa now or at any point in the future', and tons of companies put that requirement right in their job postings. If your company told you otherwise they are mistaken
From https://www.eeoc.gov/national-origin-discrimination > The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regu…
Your quoted text says 'unless required to do so by law, regulation'.
H1-Bs would legally require a visa transfer to switch employers, and the company can simply choose to not sponsor or transfer that visa. Thus, the worker is not eligible to work for them. Here are 3 immigration attorneys explaining this in another way https://www.avvo.com/legal-answers/can-a-company-refuse-to-c...
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#30Earlier quoted context omitted.
H1B means that there are no Americans capable of doing the job
Actually, as a hiring manager, you can't discriminate between whether someone is a U.S. Citizen or an H1B. So in reality, you're going through a stack of applicants in order. If your HR group puts a bunch of H1B's in front of a citizen candidate, that's it. So no, your assertion that there is an implicit "there is no American we can hire to fill this" is false. We can't even consider that.
Can you explain how you believe a working visa status is a protected category?
Reference: https://www.eeoc.gov/laws/guidance/fact-sheet-immigrants-emp...