> * H-1B employers must attest that they can't find an employee domestically and have made a good faith attempt to do so.*
How effectively is this enforced? The arguments against these visa is that companies know how to game this requirement. They specifically write job descriptions in a way that’ll fail to find someone locally, so they can hire cheaper immigrant labor.
And cheaper isn’t just lower salaries, they’ll also cause fewer waves and be more accommodating. An employee who depends on your employment to stay in the country is more likely to put up with abuse.
Maybe then easing the restrictions on immigrant employees might be the solution.
Max 60 days of unemployment over your whole career, when many companies need a month to go from offer to starting, makes being fired a fatal affair.
H1B applications being cancelled, if someone switches companies means in the first few years, changing companies is even worse.
Oh, you've been working in the US for 20 years ? Hard luck, you still don't have a permanent residency because of some archaic system. No, your wife can't work in the US either. Also, you can't avail any of the benefits you already pay taxes for. You lose your job and your child is a US citizen ? Hard luck, take them back to where you came from. Because, having immigrant parents is a crime enough to banish even your own citizen.
The visa system is built to encourage abuse. Just because the trade off is worth it, doesn't mean it is fair
or a favor. It is a system built to be of maximal benefit to America. Which is fine, but let's not pretend it
is some sort of gift that is granted to people of other nations. It's the govt. driving a hard bargain because they know they can.
Now, my career does grow 2x as fast and I do make 2x as much by working in the US. I also do not have kids, partners or a life in the US, that it would destroy me to leave the country. I am also fortunate enough to be in a company that doesn't usually fire willy-nilly. So, I continue to stay. But, in 5 or so years, I wouldn't be too sure.
One common tactic is adding more duty requirements to the description. For example, the job description would ask a database admin to manage multiple database products but, in reality, they'd only be managing one.
Finding someone with knowledge of multiple products would be hard, so they list all of them. When they can't find someone with those skills, they ask for a visa to find someone who can.
In reality, that person doesn't actually know and won't actually be managing all those products.
That method is so common, it's listed on the gov't website:
> The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.
How effectively is this enforced? The arguments against these visa is that companies know how to game this requirement. They specifically write job descriptions in a way that’ll fail to find someone locally, so they can hire cheaper immigrant labor.
And cheaper isn’t just lower salaries, they’ll also cause fewer waves and be more accommodating. An employee who depends on your employment to stay in the country is more likely to put up with abuse.