Disclaimer: I’m not an American and I don’t know the details of the US immigration system, but from what I’ve read elsewhere, Copernican‘s suggestion has a lot of merit:
I can’t be the only one sick of H1Bs destroying the western labor market, particularly in tech, but across the board. Out-of-work tech workers further compress the labor market in other areas. This problem is not unique to the United States, but I understand the laws of the US better, so I’ll be arguing from that perspective.
I know it. Walt Bismarck has a whole organization dedicated to trying to find reasonable employment by job-stacking. A few new and interesting resources have appeared, dedicated to screwing with these companies that open the floodgates to a horde of foreign software engineers. Seven-eleven clerks, and SAAR YOU MUST REDEEMs, that can crash our software, our ships, and our interstate semi-trucks for us.
Fortunately, there’s something we can do to fight back.
[…]
Well, while the government doesn’t seem intent on doing anything about it, the Millennials and Zoomers that have been fucked-over appear to finally have enough cultural weight to start pushing back. Here’s the thing about hiring H1B workers: doing so requires that the company demonstrate that no American Citizens can fulfill the role. That demonstration usually takes the form of a listing in a newspaper with 500 readers, the back-end of a website with black text on a black background, or something similar. They don’t want Americans to apply for these jobs; they want to successfully demonstrate that no Americans even applied.
So they make the application process nearly impossible.
Usually, the way this is done is that when an H1B is hired, they are permitted to remain in the country for up to 6 years (2 renewals of 2 years). Once that’s completed, either the H1B worker is forced to return to where they came from, or the job must be re-posted for 2 weeks for a potential American worker. If no American worker applies (because they didn’t see it because it was posted in a hidden corern of the website or a newspaper with no readers), then the H1B may be sponsored for perminent US residency.
What was clearly once a method for gaining the Best and Brightest as potential employees in the United States has become a system of exploitation. H1Bs are underpaid, undervalued, and often booted from the country, so there’s no impetus for them to assimilate. It’s a mess all the way around, and the only ones who benefit are stockholders for billion-dollar tech companies.
For the most part, we all know the story.
But … what if during that 2-week posting, a qualified American candidate does apply for the job? Well, then everything goes to shit. The company is legally not allowed to deny an American Candidate that job without opening themselves up to a massive lawsuit and fines, and penalties. If only one American candidate has applied, then the company has to hire that individual … and if they don’t hire the American candidate and then apply for another H1B to fill that slot, the company is in deep shit in a legal sense.
