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by olliej 874 days ago
Oh, so this looks like it's correcting for that thing where companies were essentially using multiple contracting companies to all apply for a visa for the same person? e.g. double (triple? n-ary?) dipping in the lotto?

I still think a lot of the more wanton abuses in the H1-B system could be resolved by requiring the employee be a direct employee of the company they're actually working for (e.g. you can't get a contracting company to provide you with engineers), and to require compensation be - say - a minimum of say 20% above the average wage for the job they're doing, relative to other employees at the company, other workers doing manifestly similar jobs in the same geographical area, etc.

If nothing else this will apply upwards pressure on wages even in shitty "we're abusing the h1-b process" contracting companies, because every new h1-b employee they have necessarily increases the average wage at that company, which increases the minimum wage for the next h1-b, etc. The reality is that the set up of the h1-b program allows employers to abuse h1-b employees with relative impunity (including notably lowering wages), so a mechanism by which simply increasing the number of h1-b employees you have forces the wages up counters their ability to use h1-b supported abusive practices to undercut local workers.

1 comments

Yeah I’ve heard of multiple applications, some sketchy applicants swaps (basically purchasing the winning ticket) and more. You won’t see it in large established companies because they mostly play fair but there is good amount of fraud in the fat tail
My recollection was that it was essentially company A would decide they wanted to employ person X, and they would then go to contracting firms 1 through 100 and get all of them to apply for the same person X. And they could use the contracting company model to then deflate the salary for the h1-b recipient by having the wage comparison be to similar (below real market rate) contracting company jobs rather than the employees they would be working with.