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391 points JSeymourATL | 2 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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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.
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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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doctorpangloss ◴[] No.42137940[source]
I dislike this system as much as you do. Clearly the PERM cert is flawed. I suppose the system is working as intended, and I'm not sure what the drama is, although of course, from a human empathy point of view, I feel like the story is making you look like the worst actor in this scenario.

That is unfair, but forgive me: you hold all the cards and occupy the most powerful position in the story, and you are framing it in absolutes, trying to make yourself a victim, talking about it as though you are powerless.

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1. kyawzazaw ◴[] No.42138422[source]
is this the situation of POSIWID
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2. doctorpangloss ◴[] No.42139269[source]
I’ve only had very limited experience with colleagues on OPT and my role as a hiring manager with an OPT visa holder.

There’s a big difference between a tech enabled agency, sometimes called a “body shop” - where you are B2B, you are someone’s lower cost option, you are a middleman - and a startup, where whatever you are developing - seemingly B2B, social media apps, hardware, biotech - in some form or another, your core business is capturing 90%+ margins on the LTVs of end users. With experience only in the startup style business, you ought to structure the economics of the deals to your employees such that they can buy what they want if everything works out, and all the incentives align.

So to me, it’s not super material, green card this, PERM certification that: if you make a ton of money, you can surmount any bureaucratic obstacle in this country. Is that the purpose of the system? A complex administrative problem like UCSIS policy and related politics cannot defeat the power of the almighty dollar. So for people who have agency, like startup CEOs, it’s possible to sincerely offer a path to citizenship in the US, in light of things like O1, E1, marriage, etc, that doesn’t break any laws, but only costs money.