Hacker News new | ask | show | jobs
by SpicyLemonZest 1157 days ago
I want to acknowledge that I know many people who have H1B visas because they legitimately could not be replaced by any worker with a US residency. I wish nothing but the best for them and I hope that any visa reform makes it easier for them to stay and work in the US as long as they'd like.

But as the source article touches on, most H1B visas are sponsored "staffing firms", whose business model pretty straightforwardly involves cheating the system. Could Disney World lay off their tech workers, then turn around and sponsor H1Bs at a lower rate? As you correctly identified, no, that's not allowed. But what they can and famously did do in 2015 is:

* Lay off their tech workers.

* Pay Cognizant and HCL, two staffing firms, to provide substitutes at a lower cost.

* Allow Cognizant and HCL to sponsor H1Bs at a lower rate, arguing (perhaps honestly!) that they've tried and failed to recruit American residents.

Given the prevalence of this business model, and how openly contemptuous it is of the intent of the H1B program, it seems fair to wonder how above-board the program is in general. If you ask a lawyer for help running your H1B recruitment program, are they going to walk you through how to avoid hiring H1Bs unless absolutely necessary? Or are they going to help you figure out all the tricks to get more people so you can hit your headcount goals?