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Comment by eyeareque | Hacker News Reader

Really, not because they are cheaper and wear handcuffs to their desk so-to-say since they'd have to go back home if they lose their job?

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No, not because of that. In case you did not know, the companies are obligated to pay H1b employees more than the prevailing wage for that position in that county. This is something controlled by the Department of Labor.

What do you mean by this? I know for a fact that I was paid more than some H1B folks at previous companies, with equivalent titles and experience.

> The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. To comply with the statute, the Department's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.

The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.

https://www.foreignlaborcert.doleta.gov/wages.cfm

Very interesting. It seems that violations of this law are probably quite often unreported and/or unenforced.

Not really. "prevailing wage" doesn't mean average wage at that company, it means the wage that posted on the Department of Labor website as the minimum wage for that county.

The posted prevailing wage for an EE with 5 years in Santa Clara county, for example, is about $70k (or at least it was back in 2009); so if H1Bs are paid more than that is compliant with the law.

> In case you did not know, the companies are obligated to pay H1b employees more than the prevailing wage for that position in that county

Where's your data on that? Depending on the company I've been at the public H1B numbers were lower than what I would expect.

It's the law: https://www.foreignlaborcert.doleta.gov/wages.cfm

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