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Trump Administration Claims Facebook Improperly Reserved Jobs for H-1B Workers (wsj.com) 123

The Trump administration has sued Facebook, accusing the social-media company of illegally reserving high-paying jobs for immigrant workers it was sponsoring for permanent residence, rather than searching adequately for available U.S. workers who could fill the positions. From a report: In a 17-page complaint filed Thursday, the Justice Department's civil-rights division said Facebook inadequately advertised at least 2,600 positions between 2018 and 2019 that were filled by immigrants on H-1B high-skill visas when the company was applying to sponsor those workers for permanent residency, known as green cards. Companies sponsoring workers for employment-based green cards are required to show as part of the federal application process that they couldn't find any qualified American workers to fill the job. The suit said Facebook didn't advertise the reserved positions on its website and required candidates to mail in their applications rather than accepting them online. "And even when U.S. workers do apply, Facebook will not consider them for the advertised positions," the suit alleges. "Simply put, Facebook reserves these positions for temporary visa holders."
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Trump Administration Claims Facebook Improperly Reserved Jobs for H-1B Workers

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  • by lessSockMorePuppet ( 6778792 ) on Thursday December 03, 2020 @04:16PM (#60791034) Homepage

    I don't disagree, but the entire IT industry has been running this scam for decades.

    • by Zontar_Thing_From_Ve ( 949321 ) on Thursday December 03, 2020 @04:56PM (#60791248)

      I don't disagree, but the entire IT industry has been running this scam for decades.

      Yep. I can offer first hand experience. Some months ago I was laid off from a Fortune 500 company. Don't worry - I am doing fine. I'm not going to name my former employer but I will say that they do most of their business in the USA and Canada. By the time I was laid off, my organization had hired exactly one new employee this year. You guessed it - he was an H-1B guy from India. Where I worked, I did internal support on a product that we sold in the USA and Canada and it was, I believe, all written in Java, so you can imagine how "difficult" it is to find coders in the USA who can write Java code. So what my company did is they wrote the job specs so specific for the job that nobody but this guy could meet them. They required the applicant to have a background in chip design and all kinds of crap that he did master's level work on, but none of which is relevant to writing Java code. So they did post the job but - surprise surprise - the only applicant who fully met the "requirements", almost none of which will actually apply to banging out Java code, were by this one guy who by pure coincidence happened to live in India.

      I will say that there was tremendous discrimination in my organization against non-Asians, which is a big part of why they let me and others go. I would guess that after I left that in an entire organization of 100+ employees that fully over half were born in India and less than 20 were American born people of whatever race. And don't get me started about black people there. I think after I left they had a grand total of 1. It's not like they made any effort to find black people to hire, but by hiring all the Indians they can, they can depress wages and save money. And I had to go FIVE managers above my position to hit a manager who wasn't born in India. And that guy reported to our CEO. By the way, I want to be clear that I'm not black, but I just said that about black people to show that my former employer really only cared about hiring Asians and that meant 80% from India and 20% from China and nobody else from anywhere else needed to apply.

      • Comment removed based on user account deletion
        • by ranton ( 36917 ) on Thursday December 03, 2020 @05:59PM (#60791494)

          He did say fortune 500 company. For very large organizations something like the following is common: CEO -> COO/CFO/CIO/etc -> SVP -> VP -> Sr. Director -> Director -> Sr Manager -> Manager -> Team Lead -> Individual Contributor. So someone could be in a manager of managers and still have 6 levels of management between them and the CEO.

          If like me you think about 6 direct reports is an ideal maximum number of direct reports, with 3-4 being average, a company with 3.5 average direct reports per manager with the hierarchy listed above would have about 80,000 total employees. The average fortune 500 company has 57,400 people working for them worldwide.

          The GP said he did internal support, which was likely a team lead position at best. Even something like CEO -> CIO -> SVP -> VP -> Director -> Manager -> Internal Support Guy would give 5 levels of management above him.

          • I worked at a bank that had 13 levels between the individual contributor and the CEO. 6 levels seems low for a Fortune 500 company in comparison. n2ch
        • I had to go look. I've got four between me and the CEO. Five layers of management.

          This is the least in 15 years, and a reduction of one this year, and we are actually pretty lean. You might want to think through how that works at a Fprtune 100 company, and yes, it works well. I would expect more layers at smaller companies.

      • by 140Mandak262Jamuna ( 970587 ) on Thursday December 03, 2020 @05:57PM (#60791490) Journal
        It is illegal to tailor job requirements to the candidate. The job function must be defined first. Then the required qualifications must flow from that and be justified by job functions alone, not the qualification of any candidate or application.

        Yes, it is easy to game this system, and many companies do game the system. But 80% of such illegal activity is done by 20% of the bad actors. The immigration can ask for a job review a month or two later, ask the company to document the actual work done by the candidate and compare it to advertised job functions. If you catch them cheating, you can fine them so heavily and ban them from H1-B process, add the company to known offender list and make them jump through more hoops ... There is a lot you can do to penalize the bad actors.

        Such action focusing on the cheaters will be welcomed by honest companies, honest managers and honest applicants.

        Doing this requires competent and motivated public servants. After vilifying the bureaucrats for decades, civil service no longer attracts highly qualified people. Today people seeking civil service are most risk averse and they show very little initiative. Why would they, when was the last time you heard of people rallying around a competent bureaucrat doing her job diligently?

        • I doubt that the average government bureaucrat has the skills to understand those job entries
          • I used to have such low opinion of govt workers.

            When my patent application was reviewed by them, I was really impressed by the knowledge they demonstrated in the field. They were all generalists, in some sense. But specialists in digging up prior art and journal publications. With high powered lawyers we hire they get beaten down by sheer volume of work dumped on them. I have now more respect for patent office.

        • All the more reason to allow private enforcement. Allow individuals , labor unions , non profits , etc to bring suit against the bad actors.
        • by nzkbuk ( 773506 )
          Most companies "prefer" H-1B (or equivalent in other parts of the world) candidates by simply offering wages that are less than market rates.

          It is illegal to tailor job requirements to the candidate. The job function must be defined first. Then the required qualifications must flow from that and be justified by job functions alone, not the qualification of any candidate or application.

          Please cite the law that states it is illegal to tailor the job requirements.

          While I know you cannot write a job spec that would include race, gender etc, but your statement would make 90% or more of IT job postings illegal.

          Eg I have over 15 years working in IT with a few IT qualifications all in relevant technologies yet almost every job posting requires a degr

          • I get guidance from legal when I write job requirements. Very clearly the lawyers, paid by SP500 sized company tell me its illegal to tailor job requirements to any candidate. Who would I trust some slashdot user with 20 achievements or a professional lawyer paid to do the job giving me official guidance?

            I have also done H1B application for my team members. Very clear legal scrutiny, no job function that is tailored to the qualification of the candidates. I personally make sure that if INS/ICE comes back s

      • My company is dong similar things. They are ONLY hiring H1B's from India right now. Even though I know that fully qualified Americans have interviewed for the positions, I have been involved in the interviews. But then again they have made "hush hush" hiring rules for managers that they are NOT allowed to start any interviewing until they have at least 1 female and/or 1 individual from a Diversity group who has applied and if they haven't they have to wait 90 days before they are allowed to interview. Must
        • How long until male engineers just list themselves as female ? What is the company going to do say âoeyouâ(TM)re not really transâ? I donâ(TM)t think thatâ(TM)s safe in the current climate. In fact the company could be opened up to actions for discrimination against trans women.
      • by AmiMoJo ( 196126 )

        Did you report them? Seems like a very easy case to prove. If you don't report it they will get away with it.

      • It’s not just the USA. I worked in Australia for a second tier bank. The racial divide was stark. All the low level programmers (most of whom were terrible, though not all) were Indian. I was intermediate level and one of the few non Indian folk.
        But then, at the level above me and upwards, very nearly everyone was South African. White South African.
        It was a bit weird.

    • Comment removed based on user account deletion
    • Saying "an entire industry has been breaking the law" doesn't make a very good defense in court, though.
  • by jellomizer ( 103300 ) on Thursday December 03, 2020 @04:27PM (#60791090)

    Is Facebook turning down American Candidates who apply, but are asking for a higher salary. Then Facebook hires h1B workers for much less?
    Or are they hiring these H1B workers at the same rate as the American Candidates, but they are better qualified, or bothered to apply for the job.
    Or Facebook does little outreach to American workers to show they have jobs available vs going overboard for offshoring companies.

    There are a lot of qualified Americans who will not apply to Facebook.
    1. It isn't work they may be interested in.
    2. They disagree with Facebook morals/principals
    3. Their work locations they need to relocate too isn't convenient.
    4. They don't like the Culture
    5. They got a good job where they are at now.

    For me, these Big Tech companies no longer spur my interests. The groovy open offices, with free lunches, and a segway for every employee, isn't a good deal where you are expected to be working 12 hours a day. When I was younger and just out of college, sure that would have been more interesting. But as I got older, I want a job where I can live my life my way. Go home. Then Go to work, have my own spot to do my work. And get paid a competitive rate. I don't want my job to be a constant party. I want it to be an organized work area.

    So even if I am out of work, I may not look towards going to Facebook, but towards some other company first. So Facebook will probably have a problem finding qualified workers even when they are a lot of people looking to fill such a job. Because they are either not qualified or they just don't want to try Facebook.

     

    • by PCM2 ( 4486 ) on Thursday December 03, 2020 @04:53PM (#60791234) Homepage

      Strongly agree on this point. Working on a Big Tech campus isn't for everyone. You're most likely to be comfortable working on a tech campus if living on a literal campus is the only life to which you've been exposed.

      I had a friend who worked for Google awhile. While he was there, he would occasionally brag about how much time, money, and effort he saved by eating three meals a day at work. He said eating dinner at the office was especially advantageous, because he was better off staying there until 8pm or so, when the commuter traffic had died down. He seemed to think he was being pampered. I pointed out that many people wouldn't see it that way. He responded that he could get his dry cleaning done without leaving the office, too.

      • He said eating dinner at the office was especially advantageous, because he was better off staying there until 8pm or so

        If you have done any number of hour+ commutes, you can easily underhand why this is so desirable.

        It's not like you HAVE to work while you are at work eating dinner. You can read or handle bills or do other things. Also that many free meals over time saves you a TON of money (which being in California was probably all sucked away by rent sadly).

        • I'd rather eat my own food, work from my home office, and not commute at all.

          Hey look, I'm keeping company expenses down at the same time as being more productive and having better work / life balance.

          Signed,
          a remote worker for the last 6 years.

        • There was a grad student (probably one of the PIGS) in UT Austin who lived in the department. He had created a small area cordoned off by a few book shelves in his lab, need to pull a shelf and squeeze past a small gap, and had a sleeping bag there. Showered in the gym. Had a job in the food services for free meals.

          He was caught and was cowed into getting an apartment, but technically he might not have broken any rules.

    • by rsilvergun ( 571051 ) on Thursday December 03, 2020 @05:00PM (#60791262)
      you can find video of lawyers running conventions where they teach companies how to get around H1-B limits... from the mid 2000s. Probably earlier if you look.
      • by 140Mandak262Jamuna ( 970587 ) on Thursday December 03, 2020 @06:16PM (#60791568) Journal
        The H1B limit was 65000. During the Y2K scare America discovered a huge trove of COBOL programmers from India. Before 1990s almost all the Indians these companies interacted with came from top engineering schools of India. IIT, IISc, REC, etc. So based on the positive experience they were open to hiring the COBOL programmers from second and third rung colleges from India. The Y2K hype raised the limit to 125000 visas a year. That opened the flood gates. Bad actors figured out how to game the system, corrupt coporate officers figured out how to beat the system, and the resulting mess is quite horrible.

        US government treats all Indian diplomas be same and equal to MS from CalTech. That is the root cause of the problem. If they demand all H1B grads to take GRE or something to show their competence this mess can be greatly mitigated.

        For example I am from IIT, and scored 790/800 GRE Verbal, 800/800 GRE Quant, and 790/800 GRE Analysis. Placed in the top 1% of the world. (Not really bragging, this is par for the course for IIT grads, actually mentioning being IIT grad itself is considered bragging in Indian circles.) Someone from St Mary of Velankanni Engineering College, Sometown, Some State, India would be considered exactly equally qualified as I am in the eyes of ICE. No wonder the system is a mess.

    • 2. They disagree with Facebook morals/principals. Had water come out my nose when I read it!
    • by parker9 ( 60593 )

      As a counter example. I'm American and FB reached out to me for a "Physical Modeling" position on LinkedIn.

    • I would not work for Facebook for the reason you mention, but that story of Facebook not wanting to hire Americans is ridiculous and looks like a petty revenge from Trump.

      Recruiting competent people in silicon valley is hard, so if there were competent Americans available they would already have hired them. And they're not trying to save money recruiting "cheap" H1B workers like some others companies elsewhere in the US; Facebook pays very well and H1B actually cost them more due to the attorney fees for t

  • What I want to know is why the US Executive branch is going through the Judicial branch for enforcement? Seems really odd. Maybe it's because the law has no teeth (I really don't know) for them to fine the company, or otherwise stop them from braking the law.
    • by Nidi62 ( 1525137 ) on Thursday December 03, 2020 @04:30PM (#60791110)

      What I want to know is why the US Executive branch is going through the Judicial branch for enforcement? Seems really odd. Maybe it's because the law has no teeth (I really don't know) for them to fine the company, or otherwise stop them from braking the law.

      Despite it's name, the Justice Department is part of the Executive Branch, not the Judicial. It is essentially the enforcement arm of the Executive. The Judicial branch more specifically corresponds to courts such as the Supreme Court and federal level courts.

    • As the other said, it's the Judicial enforcement arm of the Executive. Basically the Executive's lawyers (note not equal to the "President's" lawyers). They need to go to the Judicial Branch to plead their case just like everyone else. I miss the times when this stuff wasn't so political... you didn't hear about 19/20 cases because it was just standard ops.

      I doubt this will get anywhere. The HR processes around H1B offerings has been pretty standard for atleast 20 years. Even midsize companies know how

  • There's record setting unemployment in the USA. We know that COVID-19 and other contagious illnesses came to the USA from legal and illegal immigration. We know that many technology jobs are being moved to distance work. Why in the hell are there people being imported to work in the USA?

    If the people come here only to work from home because of COVID-19 concerns then it would seem logical to assume that they can do this work where they are now. If there's high unemployment in the USA then there's a pool

  • by PCM2 ( 4486 ) on Thursday December 03, 2020 @04:44PM (#60791192) Homepage

    According to the TFS, Facebook is hiring H1-B workers that it has sponsored for permanent residency. The complaint argues that Facebook is reserving positions for people with temporary visas. But it seems to me that's how it works. Until your permanent residency status is granted, your visa is ... what's the word I'm looking for?

    Is the argument that companies should not be allowed to sponsor workers for green cards, even though there is almost no other way to get one? (Knowing Trump, that's probably exactly what the argument is.)

    • The summary is misleading and badly written.

      It's when companies apply for LCA in support of a Green Card application that they must advertise. Companies typically sponsor employees for Green Cards that are already H1-B visa holders. They could also be L1 visa holders.

      This has almost nothing to do with H1-B visas. It's entirely related to Green Card applications.

    • I was ready to give Trump credit for doing something I liked, but now that is tempered by the motivating xenophobia.

      If he isn't busy making license plates, I hope he spends his post-Presidency doing good works.

      • by dbialac ( 320955 )
        Xenophobes are of course well known to marry immigrants.
        • Xenophobes are of course well known to marry immigrants.

          Just as anti-Semites are known to have Jewish daughters and hire the daughter's Jewish husband as an advisor.

          Trump fails so much that he's not even a good xenophobe and anti-Semite. He even fails at being an alcoholic.

          • by dbialac ( 320955 )
            Or instead we can confront reality: he's not actually xenophobic and you simply lack the ability to understand various social concepts like taking care of your own and not rewarding bad behavior.
      • The chances of him spending his post-Presidency doing good works is vanishingly small. He's going to spend that time shitposting on Twitter and bleating on about how this election was stolen until he drops dead. And, unsurprisingly, some super right-wing media conglomerate will probably pay him to do that bleating in front of a microphone or camera, so it will be harder to ignore than just not following his shitposting on Twitter.

      • by Shotgun ( 30919 )

        Where do you get that it was motivated by xenophobia? Do you have any proof of that, or just claims of it?

        • The Trump administration has done a lot to make legal immigration more difficult. (For example https://www.forbes.com/sites/s... [forbes.com] ; see also "shithole countries," etc.)

          This action makes legal immigration more difficult in that it seems to pull the rug out from under people working for American companies

      • H1B enforcement needs to be stepped up. I don't think the motivation is xenophobia. It's hate for Facebook and it's refusal to be completely complicit in the spread of right-wing misinformation. But either way its good that there is enforcement.
    • There are a fixed number of h1b visas every year. They are (in theory) reserved for people with special skills that we dont have in the u.s., and that a company must go through a process of attempting to fill for several months as part of showing 'cant fill the job'. When its abused, its modern day indentured servitude. A 'hi paying job in Silicon Valley' of a whopping 75k a year sounds amazing... Until you get there. Then you are looking for a couple od roommates to pay bills while working 12 hours a da
      • Re: (Score:3, Interesting)

        by Random361 ( 6742804 )
        Yup. It's even worse when they somehow salary the position. $75k in South Texas is not bad for a year's pay starting. I could afford my mortgage and student loan on that, feed myself, have some disposable income, and even be able to put some away in investments. But $75k in Manhattan or San Francisco? I shudder at the thought. But they are some jobs like basically apprenticeships like medical residencies which, back when I checked a few years ago, basically all pay about the same amount per year, which is a
      • There are a fixed number of h1b visas every year.

        This isn't about H1-B applications. It's about people already on a visa in the USA who are being sponsored for a Green Card.

    • According to the TFS, Facebook is hiring H1-B workers that it has sponsored for permanent residency. The complaint argues that Facebook is reserving positions for people with temporary visas. But it seems to me that's how it works. Until your permanent residency status is granted, your visa is ... what's the word I'm looking for?

      Is that word "indefinite"?

      H1B visas can be granted for as long as 10 years. I don't know how long they are typically granted for but I recall seeing that people have had them renewed annually and repeatedly in one year increments. People that fail to have the visa renewed may have to leave the country for a year before re-applying under H1B. I do not know if there's an option to apply for some other kind of visa instead of leaving. Applying for citizenship or permanent resident status while working in t

  • You can't be against affirmative action and still subscribe to the notion that a company should not be allowed to bias its hiring towards a certain group of people.

    You are basically affirming the idea that a certain group of people have more rights to a job due to their circumstances even though it may be more expensive to a company.

    Of course you are currently biased to assume your own circumstances are more worthy than another's.

    • AA, would that not limit the number of people from Asia that could work for a company or government agency, which includes India?

      AA is not the removal of a bias, explicit or implicit, but instead forces using a person's identified race or gender in the hiring or promotion process to "right a wrong" or "level the field". If you do not have enough of race/gender X to match the corresponding % of population, then you have to hire race/gender X. In the 80s at least, qualifications were adjusted, creating new

  • LoL, Republicans are never going to do anything about the employers.
  • This is NOT about H1b. Americans here don't know about how fucked up the US immigration system is.

    Basically, once you have an engineer working on H1b, in order to get a GC a company has to craft job requirements that exactly match their resume. Then company posts these requirements to a governmental website and wait for some time. After a certain period of time the government concludes that there are no qualified candidates and allows the GC application to go through.

    The issue is that if somebody does a
    • The issue is that if somebody does apply to this position then the GC process can get stalled for months.

      No, the issue is that some people think that the process getting stalled for months is a problem.

      Its not a problem. Its what is supposed to happen.

      Thats not good enough for the applicant or his employer, but thats not our problem its theirs.

      We should go back, find where these targeted-over-requirements occurred, kick the applicants who benefited out of the country permanently, and fine the companies 10x the salary that these applicants had been paid since the applications arrival. That would be a pre

      • by Cyberax ( 705495 )

        No, the issue is that some people think that the process getting stalled for months is a problem. Its not a problem. Its what is supposed to happen.

        People already have to wait for YEARS to get a GC. No, it's not remotely fair for applicants. The whole GC system should be just thrown away and replaced with a merit-based immigration system that doesn't require employer sponsorship whatsoever.

        We should go back, find where these targeted-over-requirements occurred, kick the applicants who benefited out of the country permanently, and fine the companies 10x the salary that these applicants had been paid since the applications arrival. That would be a pretty solid financial deterrent, where you gotta get away with it at least 10 times for every failure. The practice would end overnight.

        And then Facebook and Google would end overnight. Along with the rest of the US IT industry. No, this is not an exaggeration since nobody would want to deal with such a rabid country.

        • People already have to wait for YEARS to get a GC.

          No, it's not remotely fair for applicants.

          Facts not in evidence. Something being disagreeable to you is not the same as unfair and trying to assert that is the same (what you essentially just did) is fucking disgusting dishonesty. You are a fucking disgusting fucking liar. No point talking to you about anything unless I want to be lied to about shit because of your feelings about shit.

          And then Facebook and Google would end overnight.

          yeah... no... making up the stupidest fucking thing possible is also not a good lying strategy, you fucking disgusting dishonest fuck.

          • by Cyberax ( 705495 )

            Facts not in evidence. Something being disagreeable to you is not the same as unfair and trying to assert that is the same (what you essentially just did) is fucking disgusting dishonesty. You are a fucking disgusting fucking liar. No point talking to you about anything unless I want to be lied to about shit because of your feelings about shit.

            Ah, I see. You failed interview at Facebook and you are now flipping burgers?

            yeah... no... making up the stupidest fucking thing possible is also not a good lying strategy, you fucking disgusting dishonest fuck.

            Ah, entitled Karen detected. Dear Karen, the US owes most of its successes to immigrants. Starting from the moon program (von Braun) and ending with SpaceX Moon program (Musk is an immigrant).

  • Abuse of H1-B program is rampant in things like medical residency training, IT, and most graduate academic programs that are for professional degrees. I hope they trash the thing or, even better, enforce the idea that American candidates for a particular job may not be the best in the world sometimes, but they're still very qualified to do the job.
  • by UID30 ( 176734 ) on Thursday December 03, 2020 @06:25PM (#60791616)

    I once worked for a smallish company that had a lot of H1-B employees ... noticed a very strange job application posted for the company and asked our head of HR about it. As a tech employee I recognized all the qualifications listed ... but the combination of them was baffling. It would have been like looking for an expert skydiving fisherman with specific focus on plumbing. Our head of HR immediately backpeddled into a defensive stance saying that he only advertised what he was asked to advertise ... so he clearly knew it was BS.

    Companies advertise openings because they are required to. It doesn't mean the advertisement has to make sense ... if they already have their guy hand-picked, then its a done deal. Shady, but done. I suspected for years that there were kickbacks rolling upstream from the hires somewhere along the way ...

    • Why did you keep quiet? For evil to triumph all it needs is silence from good people

      If enough of you stood up, or even filed an anonymous tip to INS then or ICE now, we could have nipped the problem in the bud. Filing an anonymous tip to INS was too much to ask? Then you complain here in Slashdot, where it helps no one.

      I have been on all sides of this issue. I came in with F1, US univ, switchted to H1B when I got the job. Then green card and then got citizenship as soon as I can so that I can vote that sw

    • they already have their guy hand-picked, then its a done deal. Shady, but done.

      It's honestly not even that shady in the case under discussion (once you get past the confusing way the summary is written). A company has an H-1B employee, been working for them for years, and wants to sponsor them for a green card to give them some stability. The company has to advertise the position. Okay, what they're really looking for is the guy who's been doing this exact job for years, because he has all the context -- knows the code, knows the people, knows the business, whatever. There's literally

    • Companies also do this for roles where they've identified an internal applicant they want to give the role to but they have to entertain outside candidates for compliance reasons. Nothing evil there, except maybe getting some poor jobless soul's hopes up in applying for a position that wasn't really open.

      This is a lot less common in recent decades, but companies used to advertise roles that weren't really open just so they could collect résumés. Largely this was so they could gauge the available

  • by TJHook3r ( 4699685 ) on Thursday December 03, 2020 @07:25PM (#60791842)
    Trump has no loyalty to regular workers so I suspect his motives. That said, he is highlighting a big problem with technical industries - namely that they import qualified workers rather than spending money on training and development. American business has no loyalty to anyone but shareholders and it's very shortsighted
    • by dwye ( 1127395 )

      Well, he has no loyalty to tech workers at Facebook, Google, or Twitter, for obvious reasons. Maybe some of you should consider working at Parler?

  • Hey Americans you just voted the establishment back in power and they love cheap slave labor. What are you complaining ? After all Trump was hitler beacose he wanted the americans to have jobs. Reap what you sow and dont complain when you will be asked to train your replacements. If you do then you will be called racists by the establishment media. Have fun
  • From a similar article on Washington Post

    The lawsuit contends that Facebook failed to properly advertise at least 2,600 jobs — and consider applications from U.S. citizens — before it offered the spots to foreign workers whom the tech giant was sponsoring for green cards granting permanent residence.

    The way it typically works is that the employee is already in the country doing a job, and the employer sponsors that employee for permanent residency. They advertise the job the employee is doing as a part of a Labor Certification process (i.e. proving they couldn't find someone locally who was qualified). They also need to show the wages the company is paying the employee is fair. Companies like FB don't pay people lower just because of their residency status (I'v

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