How would one go about collecting money from being denied employment at Facebook in favor of an H1B applicant?
The larger question is how would you collect money from any settlement? The same rules apply.
Facebook settles federal lawsuit over allegations it favored foreign applicants
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Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#32For context, a worker on an H1-B can be in the US for a total 6 years. Within that time frame, their employer can sponsor them for a green card, which allows them to stay indefinitely and keep the job. However, through the lens of the government, what actually happens in this transition is that the H1-B worker’s job disappears and a new job appears. The H1-B employee must apply to this job and compete fairly with Americans for it. If they come out winning, they can get a green card. Otherwise, the American gets the job and the foreigner goes home, probably. These job offers have to be posted in a variety of ways endorsed by the government.
From my read looking at other articles on the matter (https://www.reuters.com/legal/litigation/facebook-face-claim...), Facebook is accused of not circulating enough these job postings to and making it too easy for the non-American they already hired to keep their job. They’re not creating jobs that entire populations except the US can see.
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#33Up to $14.25 million in fines and restitution for defrauding the H-1B program and screwing over US citizens. Facebook won't even blink an eye at that amount. How about barring them from the H-1B program for 5 years? I think that would be a great start.
That would be more punitive to prospective employees and students than to Facebook itself.
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#34For context, a worker on an H1-B can be in the US for a total 6 years. Within that time frame, their employer can sponsor them for a green card, which allows them to stay indefinitely and keep the job. However, through the lens of the government, what actually happens in this transition is that the H1-B worker’s job disappears and a new job appears. The H1-B employee must apply to this job and compete fairly with Ame…
You're right. What Facebook is accused of is not putting enough effort into recruiting US workers to show that there's no qualified US worker for the Green Card "positions" that H1B workers have to "apply" to.
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#35I actually dont think its the corporation doing this, its just their ranks are filled with mostly H1Bs, who want to hire other H1Bs from their home countries. This practice is absolutely rampant in tech companies. Orgs and departments commonly organize along racial and country of origin lines. I see this at some of the most well known tech companies. Yet I never hear a word spoken of it
You're essentially saying the practice of using referrals in hiring should be ended.
thats not what I'm saying at all
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#36How would one go about collecting money from being denied employment at Facebook in favor of an H1B applicant?
I'd guess you'd have to start by figuring out if the role you applied for went to a H1B applicant, and then hire a lawyer to see if a lawsuit would be viable.
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#37Up to $14.25 million in fines and restitution for defrauding the H-1B program and screwing over US citizens. Facebook won't even blink an eye at that amount. How about barring them from the H-1B program for 5 years? I think that would be a great start.
Agreed. If the NCAA catches you buying dinner for a college athlete you can lose a number of scholarships for several years. Why wouldn't these violation of H1Bs come along with a fine and a loss of H1B access for x number of years? That would go a long way toward solving the problem.
That sounds like the player, who should be paid millions for plying gets punished for receiving the dinner, rather than the school.
The equivalent would be banning the H1b holder from the US. The NCAA is the model to follow if you want to make something more exploitative, not less
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#38When can we sign up for a class action on wage depression?
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#39H1B program needs a 2-3 year pathway to permanent residency. Your continued life in a country shouldn't depend on a private company.
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.
Re: Facebook settles federal lawsuit over allegations it favored foreign applicants
#40Up to $14.25 million in fines and restitution for defrauding the H-1B program and screwing over US citizens. Facebook won't even blink an eye at that amount. How about barring them from the H-1B program for 5 years? I think that would be a great start.
Agreed. If the NCAA catches you buying dinner for a college athlete you can lose a number of scholarships for several years. Why wouldn't these violation of H1Bs come along with a fine and a loss of H1B access for x number of years? That would go a long way toward solving the problem.
Say what you will about the NCAA but they do a good job ensuring a level playing field for all college athletes (despite being Nazis while doing it).
It's no fun hearing about poor athletes struggling to eat at college but, at the very least, the Manziels and the Gurleys of the US are held to an identical standard and that counts for something.