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391 points JSeymourATL | 1 comments | | HN request time: 0.201s | 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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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?
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1. shmatt ◴[] No.42139025[source]
Exactly, and I don’t understand the fraud comments because this is exactly how US lawmakers intended the system the work. Easy to come for 3-6 years, hard to stay forever

It would be better if the “replaceable” part was determined on the federal level and not on the team level. That would get rid of all the ghost jobs