I don’t think there is anything wrong with this. If anything, we should change the law to encourage much more high-skill immigration
H1B means that there are no Americans capable of doing the job
[deleted]
Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
31–40 of 124 posts
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#32Earlier quoted context omitted.
Because there usually is in fact a reason and just because they did not disclose it to you does not mean the reason does not exist and it does not mean that it won't/can't be found via subpoena/deposition.
Ok, but if there's no reason? Or what do you do when the reason is something somewhat objective like "performance" because you didn't meet your deadlines or something. Can you claim discrimination then? Otherwise what's stopping everyone from claiming discrimination every time they get laid off?
> Ok, but if there's no reason?
If there is no reason, why were you fired?
You can easily google/ask chatgpt the answer to your questions - the answer is that some companies are nowadays very risk averse in laying people off precisely because they are afraid of discrimination lawsuits, which is why they generally have very solid documentation of performance problems (hence the reason for the modern Performance Improvement Plan as a papertrail)
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#33Earlier 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.
Sounds crap. Also, what hiring manager is letting HR decide in what order their candidate pool is meritorious? HR can barely judge a local talent contest let alone someone's ability to undertake skilled work. If I say to my HR that a candidate needs to know Python with environmental experience I'm just as likely to have a candidate put forward who was a wildlife carer 20 years ago since they handled pythons as I am t…
Not just crap. It’s misinformation—whether direct or indirect—motivated by those who’d benefit from believing this.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#34Earlier quoted context omitted.
Ok, but if there's no reason? Or what do you do when the reason is something somewhat objective like "performance" because you didn't meet your deadlines or something. Can you claim discrimination then? Otherwise what's stopping everyone from claiming discrimination every time they get laid off?
> Ok, but if there's no reason? If there is no reason, why were you fired? You can easily google/ask chatgpt the answer to your questions - the answer is that some companies are nowadays very risk averse in laying people off precisely because they are afraid of discrimination lawsuits, which is why they generally have very solid documentation of performance problems (hence the reason for the modern Performance Improv…
>If there is no reason, why were you fired?
Behause they can? To cover their ass? I duuno.
I'm asking since I live in an EU country where you can get laid off for no reason and employers usually provide no exact reason in writing precisely to potentially avoid getting sued.
They just terminate your contract and let you know they terminate your contract by giving you your notice and that's that, you're gone in 30-90 days, no need to provide an explanation as to why they decided to terminate you since they're not required by law.
So I'm asking to know how it's like in the US if it's like here. If employers aren't required by law to provide termination reason, why would they?
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#35I 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.
97% of the population of the United States has family trees that immigrated into America less than 500 years ago. We're all bringing parts of our culture with us. We're all creating America together. That's what America is.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#36Paywall, but it is clear that companies are literally starving for cheap labor. They are willing to do anything, including bringing over workers on potentially inappropriate visas ( I am not a lawyer, just what I have seen). Honestly I am surprised that they didn’t just hire directly in India.
If the people predicting re-onshoring of production are correct (same people are predicting generally the collapse of China from demographics, which is a tad dramatic), companies need to get used to paying more for labor.
Globalization is coming to an end. An unparalleled period of worldwide navigational stability and political stability enabled indirect access to labor markets of a vastly larger size. Why is that? Because the USA is increasingly not seeing value as the world's police, because increasing totalitarian aggression from China/Russia, from inevitable stress due to climate change.
There was also demographic bulges from the boomers in this period, compounded with both-parents/partners work that also increased the labor supply.
Re-onshoring manufacturing, combined with the demographic bombs in China, Korea, Germany, Russia and the lesser demographic shrinks virtually everywhere else will mean that labor supply will decrease, and companies better get used to paying the worker bees more and the financial wizard CEOs less.
You know, unless AI and Robotics waves their magic wand, but even then ... things are going to change.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#37I'm genuinely curious why a company would go out of their way to fire Americans in America...to hire folks on temporary visas. If you're going to do the first part, why not just hire people in the countries they are from? I understand the article says the folks on the visas are able to be paid less, but isn't the H1-B process long, complicated, expensive, and somewhat unpredictable? Surely it's cheaper to just outsource the work. Hell, it's probably cheaper to outsource the work and fly the folks to America for a few days every now and then to meet with clients.
I don't have strong feelings about what they should do, it just seems like what they're doing isn't really in anyone's interest. What am I missing?
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#38Maybe 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.
> Maybe the company simply prefers to hire Indians better
That completely ignored the fact that they went out of their way to fire the American employees. If what you're saying was a reasonable answer they wouldn't have hired Americans in the first place.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#39I'm genuinely curious why a company would go out of their way to fire Americans in America...to hire folks on temporary visas. If you're going to do the first part, why not just hire people in the countries they are from? I understand the article says the folks on the visas are able to be paid less, but isn't the H1-B process long, complicated, expensive, and somewhat unpredictable? Surely it's cheaper to just outsou…
You've a lot less negotiation power as your visa is tied to your job, so you get paid less. You have to leave the country after 30 days if you loose your job and don't get another one.
So if you're keen to move up the US, H1B sounds amazing but then you are in quite a vulnerable position.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#40Indians 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.
...seems even hirer with marriage.
I've worked at Silicon Valley startups that were that way. I remember thinking this is really odd how high the concentration was (probably about 70% Indian). Didn't really bother me because it was a great team and honestly one of the best companies I worked at.
It didn't really seem like they discriminated in hiring and I never felt discriminated against at work. It was just that coworkers referred people they already knew.