←back to thread

183 points proberts | 1 comments | | HN request time: 0s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

Show context
danielktdoranie ◴[] No.41874458[source]
Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively working against your fellow Americans helping foreigners abuse and exploit our immigration laws.
replies(9): >>41874520 #>>41874533 #>>41874575 #>>41874578 #>>41874583 #>>41874766 #>>41875112 #>>41875151 #>>41875395 #
null0pointer ◴[] No.41875112[source]
> Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S.

This is commonly stated but is not true. US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens.

However, foreigners whose presence in the US is dependent on their employment are certainly more likely to be abused by employers

0: https://flag.dol.gov/programs/prevailingwages

replies(2): >>41875301 #>>41875378 #
Detrytus ◴[] No.41875301[source]
> US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens.

This is laughable. I do not know how the government calculates those wages, but as someone who got to US on H-1B visa this year I'm making more than 2x the "prevailing wage" listed on my LCA application.

Just to clarify: my job is a Software Architect, in one of East Coast states, and the prevailing wage listed in my application was $84k. So it is not that my salary is especially good, it's this government-mandated one that is a joke.

I'm lucky, because I came here to work for the same company I used to work in my home country so I got offered good terms (somehow H-1B was easier to get than L-1). If some company offered me a job for the "prevailing wage" I would laugh in their face, but I'm sure for some people that would seem like a lucrative offer.

replies(2): >>41875356 #>>41875414 #
null0pointer ◴[] No.41875414[source]
I just checked my own LCA. My listed (and actual) salary on the LCA is 1.07x the listed prevailing wage, but it doesn't include stock or bonus which are part of my total comp. Including those, my total comp is 2.06x the listed prevailing wage.

I know from talking to my American colleagues that my total comp is around the same level as theirs, so at least at my company they don't undercut US citizens.

Your listed PW does seem quite low, and I don't know how they actually measure it. I certainly agree that companies will do whatever they can to lower wages for all worker, and not including stock or bonus in the prevailing wage is ripe for abuse. Perhaps some reform for this law is in order.

replies(1): >>41875452 #
1. Detrytus ◴[] No.41875452{3}[source]
That's another thing: my compensation is basically all salary, no stock options of any kind. I think the trick might be that my immigration lawyer listed the PW for "entry level" Software Architect job (is there even such thing?), while I have around 20 years of experience.