[marme]

they are already penalized. H1B farms like tata and inforsys just submit thousands of applications knowing most wont make it through the lottery. They are just throwing shit and the wall and seeing what sticks. Startups cant afford to file that many applications and only submit one application for the worker they need and most likely wont get it

[adrianbg]

Yes they are already penalized. I personally am kinda happy about this blacklisting.

The startup doesn't need to file the H1B themselves. The employee can transfer it from another company.