6 ms·

No. The H1-B visa is intended for bringing specific technical expertise that does not exist in the US for a set period of time. This is why one of the requirem

No. The H1-B visa is intended for bringing specific technical expertise that does not exist in the US for a set period of time. This is why one of the requirements is that you must have interviewed US persons first. Its the same reason it's a nonimmigration visa. The rampant abuse of the visa has a remedy - criminal charges against the HR directors of any company who is found to have committed fraud, and capping the number of visas per company (setting up many shell companies is a strong signal that fraud is being committed). If an H1-B worker can't negotiate on a global level for their expertise - they should not be on that visa.

khuey 1y ago
> This is why one of the requirements is that you must have interviewed US persons first. This is generally not a requirement for an H-1B. https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruitment https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit...
- steventhedev 1y ago
  Reading through that I stand corrected. Thank you for sharing a link. At the same time, if a US person applies and is similarly qualified, they must be offered the job. Which is trivially abuseable by offering substantially less for the H-1B position. I'm not sure if there's an easy policy solution for that.
Saline9515 1y ago
There are 85,000 visas emitted every year. Such measure isn't consistently enforceable as you can't really investigate each visa. As a result, it will be considered by the main offenders as a cost of doing business spread out across thousands of applications.
- tick_tock_tick 1y ago
  > Such measure isn't consistently enforceable as you can't really investigate each visa You don't have to look at every single one lying on government forms is fraud start putting at the company who signed off and the person brought over (before they are deported) in jail for a couple of years and people will clean up their act real quick.
  - Saline9515 1y ago
    - You need to have a clear way of defining liability, otherwise companies will lawfare. For instance "you could have hired someone else in the US" is impossible to really prove or disprove. - Jailing a foreigner before sending him back to his country for an administrative offense is somehow a big waste of public money. - A very hard punishment still requires to consistently catch offenders, otherwise it will slowly become hypothetic.
    - amanaplanacanal 1y ago
      I believe they were suggesting jailing the US hiring manager, not the foreign worker.
      - Saline9515 1y ago
        > "and the person brought over (before they are deported) in jail" I think that it is very clear what was meant here.
        amanaplanacanal 1y ago
        You're right! I skimmed that one too fast.
- tomp 1y ago
  if the "cost of doing business" is executives actually going to jail trust me, there would be 99% compliance in very short order

khuey 1y ago

> This is why one of the requirements is that you must have interviewed US persons first. This is generally not a requirement for an H-1B. https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruitment https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit...

steventhedev 1y ago
Reading through that I stand corrected. Thank you for sharing a link. At the same time, if a US person applies and is similarly qualified, they must be offered the job. Which is trivially abuseable by offering substantially less for the H-1B position. I'm not sure if there's an easy policy solution for that.

Saline9515 1y ago

There are 85,000 visas emitted every year. Such measure isn't consistently enforceable as you can't really investigate each visa. As a result, it will be considered by the main offenders as a cost of doing business spread out across thousands of applications.

tick_tock_tick 1y ago
> Such measure isn't consistently enforceable as you can't really investigate each visa You don't have to look at every single one lying on government forms is fraud start putting at the company who signed off and the person brought over (before they are deported) in jail for a couple of years and people will clean up their act real quick.
- Saline9515 1y ago
  - You need to have a clear way of defining liability, otherwise companies will lawfare. For instance "you could have hired someone else in the US" is impossible to really prove or disprove. - Jailing a foreigner before sending him back to his country for an administrative offense is somehow a big waste of public money. - A very hard punishment still requires to consistently catch offenders, otherwise it will slowly become hypothetic.
  - amanaplanacanal 1y ago
    I believe they were suggesting jailing the US hiring manager, not the foreign worker.
    - Saline9515 1y ago
      > "and the person brought over (before they are deported) in jail" I think that it is very clear what was meant here.
      - amanaplanacanal 1y ago
        You're right! I skimmed that one too fast.
tomp 1y ago
if the "cost of doing business" is executives actually going to jail trust me, there would be 99% compliance in very short order