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gymbeaux | 12 days ago
Here are a couple of common misconceptions about H-1B visas:
- "H-1B workers must be paid the same as U.S. citizens" - The issue is companies can hire, say, staff engineers from India as SWE IIs or whatever. As we all know, tech hiring is a mess and it's trivial to place a candidate higher or lower than they really are.
- "Companies cannot hire from the H-1B program if there are U.S. citizens able to fill the role." - There are some asterisks to this statement. Companies can favor H-1B workers over U.S. workers so long as H-1B workers make up less than 15% of their total headcount. And again, it's trivial to build an interview pipeline that tends to filter out U.S. candidates. Heck, leetcode style interviewing has done a phenomenal job of keeping U.S. citizens out of FAANG. It's actually quite clever - design an interview process so difficult and irrelevant to the actual job requirements that most qualified individuals wouldn't bother applying. Anyone who's left probably has special circumstances motivating them to push through and grind leetcode for months, et al. (like not having to go back to their home country).
I think the spirit of the H-1B program is great. Makes total sense. But as is tradition, there are loopholes that allow abuse... and frankly, companies like Meta and Amex and JP Morgan have an obligation to minimize expenses and maximize profits. It's the same with the tax code - loopholes out the ass, but can we really blame companies for exploiting them? It's legal.
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