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Comment by jonny_eh | Hacker News Reader

Employers already need to prove that they can’t hire an American to do the job.

This is false for H-1B - there is no "labor market test". Such a test is required for the PERM process in which an H-1B visa holder would seek a green card through their employer, although the definition of "prove" is up for debate [2].

[1] https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit... [2] https://www.propublica.org/article/trump-immigration-h1b-vis...

H1-B applications must have a Labor Condition Application which requires a prevailing wage assessment and that hiring a foreign worker won't adversely affect US workers.

It is true that the LCA (and PERM!) processes are have grave flaws that leave them open to abuse.

Several FANGa companies have gotten in trouble for advertising in uncommon places like newspapers for jobs that also aren’t listed on their careers page in order to avoid qualified American applicants from applying in order to get approval for green cards or H1b

Very loose definition of "prove". I would guess that there are many on HN who are overqualified for any H1B job and would take it for the right money. The talent is here, they just want to pay less.

This is easily subverted when the "proof" is conducting a subjective interview.

they do all the time, with all kinds of tricks that misrepresent reality. the H1B system is a scam.

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