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by arelangi 4031 days ago
The article fails to mention that for the H1-B application a Labor Condition Application(LCA) has to be filed, which explicitly states that the employer will

"Pay the nonimmigrant workers at least the local prevailing wage or the employer's actual wage, whichever is higher; pay for non-productive time in certain circumstances; and offer benefits on the same basis as for U.S. workers;"[1]

Full disclosure: I'm on a H1-B and paid way more than the local prevailing wage for my position.

[1] http://www.dol.gov/compliance/guide/h1b.htm

1 comments

Prevailing wage info is kind of bullshit though.

You can claim people are a level 1 computer programmer, and the prevailing wage is 65k: http://www.flcdatacenter.com/OesQuickResults.aspx?area=41884...

I've been through the visa process a few times at different companies, and it's pretty clear that even employers who are not "taking jobs away from US workers" are sticking to the letter of the law and not the spirit, since the goal is to get that candidate a visa. Microsoft would tell all of the green card applicants not to worry about PERM certification since MS needed so many people that if they found an equally qualified candidate, they would hire that candidate too, but when you see how things get crafted it's clear that company lawyers will do all they can to reduce the likelihood of there being any qualified applicants.