If that's really the case, challenging the applications is the first deterrent to this sort of behavior. I doubt anything will eliminate 100% of the abuse but if we can cut it significantly, I'd call that a win.
the expenses, rules, process would prohibit most teams from accomplishing and maintaining this. and a corporation large enough to pull it off likely wouldn’t derive enough benefit to actually make it worth it given the risk of exposure from either internal or external whistle blowers.
i have no doubt there’s fraud in the immigration system, (america is pretty cool after all), i feel like the fraud problem takes shape in different forms than, “mass layoffs in favor of h1b labor.” honestly, i’m more worried about he use of
[1] https://www.computerworld.com/article/2915904/it-outsourcing...
[2] https://www.computerworld.com/article/2879083/it-outsourcing...
They're akin to the predatory hiring agencies that provide workers to Amazon's warehouses. Good for Amazon's bottom line and the agency, not so much for the employees or the community.
imho, increasing base salary requirement and mandating that employees either work on-site only or are free to jump ship to any company (visa is not associated with the employer) would fix majority of the issues.
The intent behind these regulations, whether healthcare or immigration control, is really beside the point. I'm wondering if these things are really enforceable in the long run.
On top of everything else, as has already been mentioned, the rules seem to provide competitive advantages to large companies (or at least those willing to outsource to them) over small ones. This probably decreases the level of innovation, dynamism, and entrepreneurship in the economy.
They are quite often used to displace existing workers. That's not the purpose of the H1B program. They are, of course, clever about how they structure these deals, but do get exposed often enough.
http://www.epi.org/blog/new-data-infosys-tata-abuse-h-1b-pro...
The problem is that is not really what is happening. USCIS is challenging nearly every single application with challenges that do not match the requirements for an H1B and then dragging those challenges with red tape.
They are probably aware that in the end almost all of these challenges will be won by the applicants. So the (likely intentional) result of this is that many people who won the H1B lottery are now in an awkward situation where their previous work visa has expired but their H1B hasn't started yet because of all of these challenges. So many of those people cannot legally work since there is now a gap in work authorization and are being fired or relocated back to their home country, despite the fact that they would likely have gotten their H1B in the end.
The H1-B abuse the OP is talking about has nothing to do with hiring better people from other countries, I don't think many people argue that - the problem is just trying to replace perfectly fine engineering teams which live here with cheaper engineering teams. And we're not talking the difference between $150k developer who is from the US and a $130k one that is brought in from elsewhere, we're talking about being able to pay WAY under market, perhaps even half market rates - that's the issue.