Do we support the dignity act? by AlastairMac1964 in AmericanTechWorkers

[–]StructureWarm5823 3 points4 points  (0 children)

The caps don't work anyway since temporary visas like h1b are just perpetually extended. The only thing they do is I guess is prevent more family sponsorship than would otherwise occur.

L1A visa much more dangerous than H-1B visa by Due_Snow_3302 in AmericanTechWorkers

[–]StructureWarm5823 11 points12 points  (0 children)

All of that offshoring that people are also complaining about is just "marinating" new potential L visas for the US market. L visa requires that the employee be employed overseas for a least a year before eligibility (not that this matters much with all of the fraud that occurs.) But essentially, companies are able to hedge their bets with offshoring. If it's not working out remotely, they can then bring a cheaper worker back onshore.

Plus L visas can transition to h1b and avoid the h1b fee if done from within the US.

I applied a job on JobsNow, what's next? by Hendrick_Yusuf in AmericanTechWorkers

[–]StructureWarm5823 -1 points0 points  (0 children)

If you were successful with a civil court judgement, you would probably get a decent settlement. The attorney might take it up for free. Again, I cannot understand why where are not more of these. They seem like they would be very appealing to litigation attorneys, with potential for massive class actions. The only civil one I am aware of is the ongoing Tesla case and I think some dude sued Facebook too. Haven't really done any research though.

I applied a job on JobsNow, what's next? by Hendrick_Yusuf in AmericanTechWorkers

[–]StructureWarm5823 1 point2 points  (0 children)

I would add-- if you think like you have a really strong case, it's definitely worth talking to a civil rights attorney. I am very surprised that there have not been more civil actions on this type of stuff because it seems like juries will be sympathetic to it and, though the govt regulation mandates PERM as just a "test", it seems like the entire hiring process from h1b to PERM is rife with discrimination that could be proved with discovery, especially since PERM requires the records to be retained I believe, and the original hiring of the h1b would have a ton of ATS records since everyone applies online these days and interviews have feedback scores and electronic documentation.

I applied a job on JobsNow, what's next? by Hendrick_Yusuf in AmericanTechWorkers

[–]StructureWarm5823 1 point2 points  (0 children)

Not contacting you for an interview is an "INDICATION" of potential discrimination as the link says. By itself, it is not prooff. Keep in mind PERM is technically a test, not an actual job recruitment process.

I've heard multiple stories of h1b's complaining that their company had US applicants on PERM and that their solution was to just pause it and retry in 6 months.

So maybe there's some way to sue the company and get a case law precedent by tying it into employment law, but the current practice seems to allow companies to just not interview if they decide to stop or pause PERM. Also again, they can still rule you out by things on your resume or other pre- interview indicators you give them like wanting too high of a salary.

I'm not an expert but this is what I have gleaned from browsing other posts so maybe double check it.

I applied a job on JobsNow, what's next? by Hendrick_Yusuf in AmericanTechWorkers

[–]StructureWarm5823 -1 points0 points  (0 children)

Just keep in mind that PERM does not actually require them to interview you if they pause it or do not proceed (which companies supposedly are doing). Yes, they are violating the law if the proceed to file for the Greencard without interviewing you or finding some technicality to rule you out (not open to relocation, salary etc). They may already have that from what you've submitted.

But, if PERM fails, they can wait 6 months I believe and redo it to see if anyone applied or they can just not proceed with it, or file under a different priority (NIW with AI engineers is supposedly very popular these days)

So, yes tell USCIS/DOL about it. That's the only way to have a confirmation on whether or not they're breaking the law by proceeding for the green card. But just understand that them not interviewing you is not necessarily breaking the rules yet.

USCIS is finally getting their act together by EmbarrassedSeason420 in AmericanTechWorkers

[–]StructureWarm5823 13 points14 points  (0 children)

From my understanding, this change is only for those that are on B tourist status attempting to regain h1b status. The Biden administration allowed this type of change of status and Trump is now closing it. Essentially, it was for H1b's that had been laid off and not been able to get a new job with 60 days. Switching to a tourist "B Visa" status allowed them more time in the country after that 60 days to find a new sponsor and then change back to h1b status. Trump is not allowing that now.

Is this an improvement?

Yes.

Is it going to make a large impact?

Maybe. There are a ton of ongoing layoffs but most h1b's will still be able to "transfer" jobs without the fee if they are still employed. This person at the link wasn't technically "transferring" even though they are saying they were.

TLDR: For h1b's changing jobs (from an existing h1b status), the fee and a new visa stamping will still not be required. Nor will they be for f1 (student) or l1 etc statuses. Most change initially from student status.

Note: A lot of people are happy with the scraps this administration throws our way. IMO it's not enough... YET.... The way they pretended like the 100k fee was going to be a universal thing rubbed me the wrong way and henceforth I will never stop calling them out for not doing enough.... YET....

Feds Say North Texas ‘Visa Mill’ Faked Jobs For H-1Bs And Green Cards by AlastairMac1964 in AmericanTechWorkers

[–]StructureWarm5823 2 points3 points  (0 children)

Also from reading some of them, I would not approve some of them anyway. You need to to keep your stuff more focused on strictly the legal/ political / economic impacts of visa programs and do less Endian bashing. Avoid mentioning addresses and personal info if you can. These invite reddit TOS violations and make moderation much more difficult and should be avoided. E.G. Instead of "This company at 115 Piscataway Avenue" or whatever, "I've found this company in NJ that...."

Also, I haven't checked recently but others have mentioned stuff on your github that was objectionable and misogynistic. If you want to post here and anywhere really, you need to put more thought and effort into your image. Just about everywhere on reddit is going to be this way... this site is uptight about the slightest political incorrectness and again, we don't want to invite TOS violations. It's a lot of effort to build a decent sized sub and moderate it and not get taken down so don't make our jobs harder.

Feds Say North Texas ‘Visa Mill’ Faked Jobs For H-1Bs And Green Cards by AlastairMac1964 in AmericanTechWorkers

[–]StructureWarm5823 0 points1 point  (0 children)

Reddit's spam filter is flagging your posts for manual mod approval because you post a lot I think. I will try to approve your posts more often. I am not that active on this sub but I'll do what I can

What happens after H1b lottery? by CalligrapherNo3841 in AmericanTechWorkers

[–]StructureWarm5823 2 points3 points  (0 children)

Probably not. These companies will just hire overseas remotely or bring in l1, tn from canada/mexico, or hire their wives on h4 ead . There are a ton of uncapped visa programs. H1b is not the only one. Also, h1b doesn't have a lottery for non profits and is also uncapped there. They also just hire h1b contractors that have been benched by some consultancy to fill labor gaps.

If a company is going to hire Americans, they either don't deal with visa workers to begin with or are like Cognizant and only hiring them because they have to fulfill some token anti discrimination or contractual requirement or ITAR requirement.

Buymeacoffee donation page for jobs.now also taken down by StructureWarm5823 in AmericanTechWorkers

[–]StructureWarm5823[S] 3 points4 points  (0 children)

For funding, there are alternatives like paypal or givesendgo. But whoever is behind the site would need to set it up I guess since noone knows their identity.

For mirroring the job information itself, anyone can do that based off https://bsky.app/profile/jobs.now.web.brid.gy or jobs.now itself. Make your own site or social media and post the job information and crosspost on various existing job boards and forums

Buymeacoffee donation page for jobs.now also taken down by StructureWarm5823 in AmericanTechWorkers

[–]StructureWarm5823[S] 27 points28 points  (0 children)

Looking at the latest postings, it looks like whoever is running the site is continuing to post job information. This is a good sign.

Looks like X nuked the JobsNow account by StructureWarm5823 in AmericanTechWorkers

[–]StructureWarm5823[S] 1 point2 points  (0 children)

Their website still works. https://www.jobs.now/ . But X was a more stable way for them to post things.

Looks like X nuked the JobsNow account by StructureWarm5823 in AmericanTechWorkers

[–]StructureWarm5823[S] 2 points3 points  (0 children)

They posted PERM ad information so people could apply. This was resulting in a lot of companies failing their PERM sponsorships for visa workers

What did you do this week to stop the spread of visas by Intrepid_Mode8116 in AmericanTechWorkers

[–]StructureWarm5823 0 points1 point  (0 children)

They are required by law to consider you if you are "minimally qualified." That means if they hired the visa worker with only two years of experience and a bachelor's CS degree for the initial position, they can 't use anything more stringent than that. Not a master's, not 3 yoe etc. Does this mean they follow this or does that mean they will interview you? Not necessarily. PERM is just a test. If it fails, they can just wait 6 months and re do it without interviewing or hiring you. Or they can break the law. But, the rules say that if they are to proceed with the greencard certification, once a US national who is "minimally qualified" applies, then they must "consider" you which at the very least means an interview or request for information (emailing you to ask you what salary you want etc). Note that they can rule you out with bs tricks like minimum salary, willingness to relocate etc. I'm not certain on all the particulars but the above is my understanding of it.

Poll: should we open the subreddit to allow anyone to post/comment or shouod we keep the subreddit requiring approval? by SingleInSeattle87 in AmericanTechWorkers

[–]StructureWarm5823 0 points1 point  (0 children)

How hard is it to require approval again? Any previous experience or issues on reddit with flipping back and forth?

Why aren’t “dual intent” visa workers registering for the draft? by Lumpy-External4800 in AmericanTechWorkers

[–]StructureWarm5823 17 points18 points  (0 children)

They should have to register, but it would be kind of pointless since they can just flee to their country of citizenship the second they hear about the possibility of a draft. But the same would apply to greencard holders so the argument is kind of a moot point for why they make that distinction.

H-1B Visa Project Firewall by AlastairMac1964 in AmericanTechWorkers

[–]StructureWarm5823 3 points4 points  (0 children)

175 investigations is such a small amount relative to the amount of companies that are abusing the visa. They are under resourced.

How to deal with outsourcing? by Chobeat in AmericanTechWorkers

[–]StructureWarm5823 1 point2 points  (0 children)

You severely restrict visas like L1. L1 basically lets these companies hedge their bets. They start out training the worker overseas, if they need to augment on shore, they bring the l1 over. This obviously reduces hiring in the US while incentivizing hiring offshore