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Why is it so hard to find a job now? Enter Ghost Jobs

(arxiv.org)
391 points JSeymourATL | 5 comments | 14 Nov 24 14:35 UTC | HN request time: 1.146s | source
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shmatt ◴[14 Nov 24 14:56 UTC] 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 ◴[14 Nov 24 15:05 UTC] 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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dec0dedab0de ◴[14 Nov 24 15:19 UTC] No.42137005[source]▶
Yes, h1b hiring practices have been shady at best for atleast a decade. For everyone that just doesn’t want to fire a coworker there is someone taking advantage of cheap labor that is easier to control under the threat of deportation.

The h1b program is supposed to be for people at the top of their field so they can skip the normal visa line, but it is commonly used to save money through exploitation.

A long time ago I read an hn comment that suggested h1b visas should go to the highest paying jobs, with the logic being that if they are such a rare talent they should probably be getting paid more.

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projectazorian ◴[14 Nov 24 15:37 UTC] No.42137239[source]▶
> The h1b program is supposed to be for people at the top of their field so they can skip the normal visa line, but it is commonly used to save money through exploitation.

Incorrect - such people already qualify for green cards under the "alien of extraordinary ability" criterion. At least in theory, anyway.

There is no "normal visa line" btw, unless you mean the green card diversity lottery, which people from eg. India and China don't even qualify for.

> A long time ago I read an hn comment that suggested h1b visas should go to the highest paying jobs, with the logic being that if they are such a rare talent they should probably be getting paid more.

This is in principle a good idea although I suspect that if actually implemented employers would figure out how to game the system just as they do now.

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dec0dedab0de ◴[14 Nov 24 15:44 UTC] No.42137330[source]▶
You’re right, I was a bit hyperbolic there. Though it is supposed to be for skilled jobs that a capable american is not available to do.
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returningfory2 ◴[14 Nov 24 16:35 UTC] No.42137903[source]▶
> Though it is supposed to be for skilled jobs that a capable american is not available to do.

No it's not. The H-1B program has no requirement for a labor market test (i.e. showing that there is no citizen that can do the job). The Immigration and Nationality Act, which is the source of the H-1B program, does not have such a requirement. The only big requirements are that the job require a degree (except for fashion models) and that it pays the prevailing wage.

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1. projectazorian ◴[14 Nov 24 16:58 UTC] No.42138188[source]▶
The labor market test is usually required to upgrade to an employment-based green card from a H-1B, though, hence the frequent confusion.
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2. bdangubic ◴[14 Nov 24 17:37 UTC] No.42138743[source]▶
It is 100% required for employment-based green card from a H1B. Anyone that has gone through this process knows this as their own job had to be posted to several job posting sites and each and ever candidate had to be reviewed and discounted in some ways (my company added crap to the posting such that it was simply impossible for someone to be as qualified for the job as me unless they sat next to me and did what I did for 5+ years…)
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3. projectazorian ◴[14 Nov 24 20:44 UTC] No.42141016[source]▶
Nope, it's not 100% required, there are exceptions for certain job categories like nursing and there's also the extraordinary ability exception.

(Not trying to be pedantic but US immigration law is full of random loopholes and people who qualify for them, or might be able to qualify with a bit of work, often aren't aware.)

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4. bdangubic ◴[14 Nov 24 20:47 UTC] No.42141039{3}[source]▶
I should have been more clear - I am talking about IT/Dev/… jobs, not other professions.
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5. projectazorian ◴[14 Nov 24 23:43 UTC] No.42142518{4}[source]▶
Not sure if it’s still the case but extraordinary ability green cards used to be surprisingly easy to get for software engineers! Get your name on a patent (not as hard as you think, companies love adding to their IP portfolio), get accepted to do a couple of conference talks, and you’re most of the way there. Or so I was told a few years ago by someone trying this route.