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391 points JSeymourATL | 3 comments | | HN request time: 0s | source
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shmatt ◴[] No.42136701[source]
I have to put out a ghost job req and interview every person applying within reason for every green card a direct report is applying for. I have to show there are or aren’t any residents or citizens that can fill the job

The main problem is: even if the interviewee knocks it out of the park, is an amazing engineer, I still am not interested in firing my OPT/h1b team member who can still legally work for 2-3 years. So while I will deny their green card application and not submit it, I also won’t hire the interviewee

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indoordin0saur ◴[] No.42136823[source]
Wait, this isn't clear to me. Are the interviewees citizens? So you're interviewing citizens to prove that there aren't any who can fill your jobs but even when they clearly could fill the job you don't hire them? Seems like the requirement of proving "there are or aren’t any residents or citizens that can fill the job" is going to be near impossible for the government to enforce
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1. dustyventure ◴[] No.42137305[source]
> Seems like the requirement of proving "there are or aren’t any residents or citizens that can fill the job" is going to be near impossible for the government to enforce

It's extremely easy to enforce with taxes that ensure the company is paying at least 1X0% of the highest market rate for the position. If they don't find an alternative to paying it is a necessary hire.

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2. projectazorian ◴[] No.42137392[source]
The requirement to pay market rate already exists and it's very easily gamed, eg. by under-leveling people or hiring them in under a related (but lower paid) role that doesn't reflect their actual responsibilities.
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3. dustyventure ◴[] No.42140295[source]
There's no premium financing proper adversarial regulatory agency there. If the IRS is not taking its special ~30% of 300+ workers salaries there's a best effort by a regulatory body that's viewed as a waste of tax payer money if it just checks a few technicalities.