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Comment by northern-lights | Hacker News Reader

Some are also designed to be impossible to satisfy so that they can bring non-local talent to satisfy Labour Market tests. Not sure if it is in this case, but there have been plenty of such cases in the past.

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Given 12+ years requirement with tech that was initially released 6 years ago, the only "non-local talent" this listing would bring in are time travelers from the future.

I'm not sure how exactly it works but if I had to guess, the non-local talent would have fudged resumes showing they had the relevant experience. It's not like the relevant Labour departments would actually do the background check on hired candidates. All the companies/consultancies need to do is to show that they couldn't find a relevant candidate locally to satisfy the sponsorship requirements.

Note that I'm not just talking about US. Most countries in Europe have the Labour Market tests requirement before a foreigner can be sponsored for the position.

You have to provide evidence to USCIS (letters from past employers) that you worked on kubernetes for 12 years. They don't simply take your assertions at face value.

Do they take the letters at face value, or do they do some basic sanity checks to make sure the technology has been around as long as the experience you claimed to have?

Lying on immigration related documents is a crime so yeah they can take the letter at face value.

Whoever issues the letter assumes liability for what they attest to.

Yeah it's a crime, but what use is it if nobody checks? Do they at least audit a certain % of the applications? Or do they do zero checking whatsoever, and will only use it to tack on more charges when you're already under investigation? eg. questions like "Have you EVER knowingly engaged in activities designed to overthrow the U.S. Government by force?" that appear on US security clearance applications

I understand what you're concerned about. Yeah they randomly audit a certain % labor condition applications by requesting more detailed evidence.

It's not like people don't lie on these forms and get falsified evidence. There are cases of people getting caught, and people who did attest to the falsified evidence have had their green cards revoked and deported.

Kinda like IRS I guess.

I can promise you immigration services are not verifying if someone really knows Kubernetes.

Well, maybe this time there'll be more interest. The immigration services officer who fines IBM millions for this kind of illegal immigration scandal should expect a good career.

I was just thinking about this. Since a job must be advertised locally is there any requirement that the h1b holder actually has to satisfy the requirements for the job. If not, what is the purpose of the advertisement anyways?

Exactly what I thought when I saw this. IBM has been guilty of this in the past.

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