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TulliusCicero • yesterday at 5:47 PM • 15 replies • view on HN

I'm not a Republican, but if this is accurate, it's something that these companies (or individuals in these companies) should be prosecuted for.


Replies

darth_avocado • yesterday at 6:01 PM

It’s because the companies are following a flawed process, not that they’re committing fraud.

The PERM process is flawed because it puts the onus of proving a need for international labor in the market on the company instead of doing it at a government level. Say in the market, you have 1000 jobs available for a role, but 900 US citizens available for doing the job. If the companies want to fill the 100 positions with non citizens and provide them to a path for permanent residency, they have to prove that no US citizens are available by advertising the position and hiring for it.

In a theoretical state, none of the 900 candidates will apply for that job because they are already employed. In reality candidates move around, so the test they ask companies to conduct is flawed.

I know people get emotional on this matter but they don’t understand the process. IMO all of this can be avoided if the labor market tests are managed centrally like a lot of countries do. You evaluate the shortage, fill those roles and then update the statistics to reflect that the shortage was filled.

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curiousllama • yesterday at 5:54 PM

100% happens. Microsoft is for sure an offender, but the biggest offenders are companies like Infosys, Cognizant, Accenture, and IBM (among others).

There's a whole business model of US-citizen managers, H1B front-line employees, and offshore support staff. They flood the H1B lottery, crowding out (imo) more deserving high-skill folks. Was really insane to see.

IMO, going after sketchy practices like this is a MUCH better approach than reducing the volume of H1B employees.

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flutas • yesterday at 5:51 PM

It's fairly accurate.

It's a controversial site simply because of what it's targeting but "jobs [dot] now" surfaces a lot of these newspaper ads that they catch, and also highlight crazy (in the modern day) stuff like "send your resume via mail to this address to apply" or at times even custom job boards that only have the PERM roles on them when the company has a completely different board for all others.

mcrowder65 • yesterday at 5:49 PM

I used to work for corp Walmart and they’d do H1B postings on a wall which would list salary and stuff. I don’t think they’d post it anywhere else

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snoman • yesterday at 7:01 PM

This happens. It’s the SOP, but it’s because they already have someone doing the job on a work visa and they don’t want to have to fire them and hire/train someone else.

It’s not necessarily a green card problem (ok it is, but…); it’s more of a visa problem.

throwitaway222 • yesterday at 7:04 PM

It's rather insane that you have to state that first - don't you think?

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cryptonector • yesterday at 6:48 PM

One should not have to disclose one's politics to make such a comment. IMO. That means that we should not think "smells like a Republican, so ignore them!".

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anukin • yesterday at 6:31 PM

These companies are going to bribe the govt for h1b. They thrive on cheap labor provided by h1b and the whole masters to h1b pipeline via opt.

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iknowstuff • yesterday at 6:04 PM

It's literally required by the government's PERM process

IAmBroom • yesterday at 6:40 PM

You can't prosecute someone for following the law verbatim.

atavium • yesterday at 9:27 PM

Trump gave the Satya Nadella, Microsoft CEO, the National Medal of Science today

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behringer • yesterday at 6:21 PM

If Republicans started prosecuting crimes there'd be no republican politicians left.

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andrepd • yesterday at 6:01 PM

You did not respond to the point.

> they're applying this argument asymmetrically to their allies vs. foes

If a law is on the books, but it's only applied to a specific set of people in a retaliatory fashion, then it's worse than not being applied at all.

doug_durham • yesterday at 6:12 PM

The "replacement of an American" is where the narrative breaks down. Traditionally we haven't had large numbers of unemployed developers. One of the consequences of the the Dot Com bubble bursting is we lost an entire generation of native-born engineers. People weren't going in to CS. At the same time there was an explosion of software positions. This is part of what fed the increasing use of H1B talent. This was also one of the sources of the bootcamp phenomenon. Things are bit more dynamic these days. This is just a nativist, anti-immigrant move.

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yesb • yesterday at 6:04 PM

It's only kind of accurate. It has to be 2 newspapers in the area the person is employed in. Hard to prosecute them for following the rules they are given.

The rule is the job has to be posted with the state workforce agency, 2 Sunday newspapers, and 3 other recruitment methods (mostly at the company’s discretion). PERM is basically a retention tool as h1b is temporary otherwise. Obviously they are going to choose the 3 methods least likely to produce good candidates. As with most immigration issues, it could be trivially fixed by Congress but won't be.

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