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391 points JSeymourATL | 4 comments | | HN request time: 0.853s | 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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protonbob ◴[] No.42136915[source]
So basically you're wasting the interviewees time and breaking the law by admitting that you won't hire a citizen who would do the job just as well.
replies(2): >>42137300 #>>42137413 #
shmatt ◴[] No.42137413[source]
The law says I can’t submit the I-140 application, which I follow the law and I don’t submit it.

As a people manager it’s a heartbreaking conversation to have - to tell a report their dream of staying beyond their visa is gone

The law says every line manager needs to do their own industry pulse check every time an i-140 is submitted. And this is the only legal way to pulse check (advertise a ghost job). It would be much easier if the federal government did the pulse check one time for everyone and decided if engineers are or aren’t missing in the industry

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1. gadders ◴[] No.42138054[source]
>> As a people manager it’s a heartbreaking conversation to have - to tell a report their dream of staying beyond their visa is gone

If an actual citizen could have done the job, they shouldn't be in the country in the first place.

replies(1): >>42138714 #
2. skwirl ◴[] No.42138714[source]
This is not a constant fact, though. In 2021 there were not enough qualified US work eligible candidates to go around. Right now is going to be a very different story for many roles.
replies(1): >>42138764 #
3. gadders ◴[] No.42138764[source]
>> In 2021 there were not enough qualified US work eligible candidates to go around.

That is only ever true at a certain salary level. If they (hypothetically) 10x-ed the salary, do you think they would still have a shortage?

replies(1): >>42139879 #
4. lupire ◴[] No.42139879{3}[source]
Probably. Poaching an employee from somewhere else still creates an opening that can't be filled.