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391 points JSeymourATL | 1 comments | | HN request time: 0.207s | 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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canucker2016 ◴[] No.42138048[source]
the person applying for the green card already works for the interviewing company. the job opening is THAT green card applicant's job requirements.

the lawyer/law firm handling the green card application process has to prove that there are no US citizens who are qualified to do the job.

if there were qualified applicants for the job, then the green card applicant won't be given a green card, I assume. But that green card applicant is already working in the country via some other visa, so there is no job opening to fill typically.

the current person in the job is performing well, otherwise, why would you be trying to get a green card for them?

i've never heard of any green card applicant getting denied a green card due to a qualified US citizen applicant.

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gmueckl ◴[] No.42138583[source]
If the labor market test yields a candidate, the petition isn't filed. So there is formally no rejection from the USCIS. But application processes fail at this step all the time.
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1. shmatt ◴[] No.42138983[source]
You explained it perfectly. I’d never lie, if I interviewed someone comparable the process ends immediately internally. But the employee (who is still an amazing employee, exceeds, promotions, Etc) is not fired