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391 points JSeymourATL | 1 comments | | HN request time: 0.001s | 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. furyofantares ◴[] No.42137822[source]
After reading it a few times my understanding is this:

An H1B job holder applies for a green card. OP then must interview to prove the role can't be filled by a citizen. An interviewee knocks it out of the park, failing the check and so the green card application is denied. However the person holding the job is still legally allowed to work for 2-3 years in their H1B. So they're kept on for that long even though the check failed for the green card.