Comment by daft_pink
9 hours ago
Essentially, they want to hire a specific person, while the law requires that they post the job and prefer American citizens, so they don’t want American citizens to apply not that they prefer foreign workers in general they just have a specific candidate in mind.
I think Trump’s position of forcing companies to pay a substantial fee in exchange for a fast tracked green card is really the most sensible position instead of H1B. It should be less than $5 million, but I think if a company had to pay $300k not have any or limited protection against that person quickly finding a job in the. united states, then companies would generally prefer american workers in a way that makes economic sense, because talented workers can be acquired for a price, but not be kept for peanuts in exchange for less than an American worker, because they are stuck with the employer for 20 years if they come from a quota country.
If they had someone specific in mind the usual method is to have their resume next to you when you write up the job app. Make the requirements perfectly match their skills. Now you can say when you picked them that they were the best candidate all along.
I think it’s lot tricker for the large companies that tend to hire H1B visa holders to do this, because a manager would need to convince the HR department to violate the law, and the company might be concerned the risks involved are not a good idea if enough candidates apply.
Plus, there seems to be some indicator tha the job you are applying is an H1B position and they are posting them on sites for Americans to apply too. So it’s not hard to imagine a bunch of highly qualified idealogue’s applying to jobs they never wanted in the first place and reporting them to the government when they get rejected.
It doesn’t seem like a good idea to try and manipulate the system with the current government’s willingness to go after companies.
If they’ll go after a US ally like Hyundai for using ESTA under the VWP illegally, when Hyundai could probably have easily applied for and been granted B-1 visas. Can you imagine what they would do to a company illegally sponsoring H1B visas?
That's one of several tactics. But if someone did apply and was close enough, you still have to do the interview and reject song and dance. Better to deter applications in the first place.