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391 points JSeymourATL | 3 comments | | HN request time: 1.336s | 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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pixelatedindex ◴[] No.42137690[source]
So… the interviewee doesn’t get the job even though they knocked it out of the park, and the H1B doesn’t get their visa because the other interviewee did well. Basically nobody wins, and the H1B person is out of a job in 2-3 years?
replies(3): >>42137834 #>>42139025 #>>42139342 #
crdrost ◴[] No.42137834[source]
Yes, this is precisely what the comment thread is saying. Shmatt’s original post should shock you with its conclusion because everyone loses including shmatt.
replies(1): >>42138431 #
1. pixelatedindex ◴[] No.42138431[source]
I’m not necessarily shocked but more appalled. I’ve always wondered this - in tech there’s very little reason to believe that you need to import talent. Learning is mostly democratized these days, and I find it hard pressed to believe that there isn’t a US Citizen for literally any tech company. But they cost more hence they try to do the whole H1B process… which then comes to bite them back.
replies(2): >>42141302 #>>42142687 #
2. JAlexoid ◴[] No.42141302[source]
I literally quit my previous job, because people were hired after "a few Coursera courses".

Sorry, if you "learned online" and haven't spent a few years building software - you aren't immediately as qualified as a graduate from IIT.

3. bryan_w ◴[] No.42142687[source]
You don't go abroad and "import talent", but rather hire the intern that just graduated or have someone apply with a high recommendation from a high performer and now your in an H1B situation. They aren't posting the job on physical boards in india hoping to snag someone to come to the US (At least for FAANG).