Corporations Are Trying to Hide Job Openings From Us Citizens
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The article discusses how corporations are trying to hide job openings from US citizens to hire foreign workers on H1B visas, sparking controversy and debate among commenters about the ethics and implications of this practice.
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"And this has given rise to a cottage industry of chronically-online types — in other words, typical tech workers — seeking to expose them."
> How many 20-something software engineers even know how to use a post office in 2025?
What like... any... other... store or building where you walk in, perform an action, and leave?
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.
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?
So yeah, you can discriminate against Dalits, and hire predominantly Brahmins.
Quite a lot of tech companies hire in either Seattle, California, or both.
[1] https://www.cnn.com/2023/10/09/us/california-caste-discrimin...
[2] https://law.justia.com/cases/federal/appellate-courts/ca9/23...
From that article:
In a statement explaining his veto decision, Newsom said the measure was “unnecessary” because discrimination based on caste is already prohibited in the state.
(Just adding context that I would have missed if not for another commenter pointing it out further down)
It can win you a few friends but you lose more.
Those articles based on a lawsuit were very heavily promoted on HN, however the complaint was by a single disgruntled employee who just happened to invoke the caste card and the suit was thrown out by the court.
The California DoJ failed to do basic due diligence before filing the lawsuit to the extent that the defendants filed a civil suit saying they were being discriminated against because of their race by the CA DoJ. Of course, these followups never got any traction on HN, because they didn't fit the narrative.
And now there are so many people, especially on HN and other developer forums that are utterly convinced caste based discrimination is very prevalent.
I'd guess this varies massively depending on whether the hiring manager and the people they're hiring are H1-Bs.
Your dataset is very small. I come from India
The word has lost meaning due to semantic overinclusivity.
By the Civil Rights era definitions, the process is racist. The people may not be. The process explicitly favours Indians. This isn’t some statistical mumbo-jumbo anti-racism construct, it’s the clear intent of the people involved and a clear effect of their actions.
What we can’t conclude from this is if the people involved think Indians are superior (versus just familiar).
https://en.m.wikipedia.org/wiki/The_purpose_of_a_system_is_w...
The three words themselves are nice and generally good things to believe in, but the packaging philosophy it is wrapped up in is poisonous.
Can we just stop? This is a meme, it's clearly never been true. It's extrapolating from a bunch of intemperate stuff said by oddball losers (yes, often in academic environments which encourage out-of-the-box thinking and speech[1]) to tar a bunch of extremely bland policies enacted by HR and hiring managers (to ensure that their masters don't get sued) with an ideological brush.
We people with "white skin" are very clearly doing just fine in the job market.
[1] Something that in other contexts we at HN think is a good thing!
And I’m not the only one.
In fact, consent decrees with the DOL and at least one major fortune 50 (Google) explicitly required them to do so, to maintain ‘proportional representation with the population’ because of ‘over representation’. Meanwhile, Indian men got a free pass (for one example).
Trump is mostly bullshit, but he’s in power because of bullshit like this pissing people off. That is a threat to society.
Mostly because none of the things he’s doing are going to actually solve the problem but just get people angrier and angrier at each other. But the problem, at least at one point, was very real.
It's a really good litmus test for finding those with empathy and good intellect, AKA the best kind of co-workers.
i.e. you're in the top 20% of white people hiring from the top 1% of black people.
Hilariously, we had an executive who said that his goal was to have the demographics of his division more closely resemble that of America. Until someone realized that South Asians are approximately 2% of the US population and were 50% of his division.
It's been years since I checked, but for non-DC jobs, Amazon's demographics are significantly less white than America as a whole. That's mainly Asians being hired in place of ADOS African-Americans and hispanics.
Coarse grained attributes like race, gender, sex, religion, etc. are not useful predictors of individual behavior or background.
Unfortunately most Fortune 500 companies are in the hands of B players now, and it goes all the way up, with the government (multiple governments, really) being in the hands of B/C players. The A players are happily retired and pulling strings in the background with their 501(c)4s.
Business is much worse at the same scale.
Infact, you probably cant find any org at large scale that functions in rational, logic driven capacity.
So theres just a bogeyman, not a useful critique of government.
Thankfully the company recently nuked their contracts and brought everything back on shore because of how much of a shit show dealing with those companies is lol. Literally tens of millions of dollars wasted.
Im kinda convinced that's their entire business plan. They lure these mega companies with omg "skilled labor" and having to pay them less, sign XX-XXXM contracts, 2-3 years go by and these mega corpos finally see how shit it is and just cancel them. HCL and Cognizant make money still regardless.
I'm not sure if the motive behind such behavior is racism. Instead, I think it's more likely the power play. That is, they would pick the population that is the easiest to command and to push them up the corporate ladder.
The US is the most powerful country does that mean if I go to india I can't experience racism because technically India is "weaker" ?
Isn't this example literally a group of stronger indians being racist to weaker individuals (job applicants)?
This also implies they are not hiring black, asian, or hispanic people either but because they're a minority that's ok?
Such a bad take.
Those aunties and uncles can discriminate you down to damn near the block you came from, even if it was on the other side of the planet, and tell everyone exactly why you’re a bad idea for reasons even you didn’t know about.
Signed, your good little gwailou.
Be kind. Don't be snarky. Converse curiously; don't cross-examine. Edit out swipes.
Comments should get more thoughtful and substantive, not less, as a topic gets more divisive.
Eschew flamebait.
Please don't use Hacker News for political or ideological battle. It tramples curiosity.
https://news.ycombinator.com/newsguidelines.html
Two points.
First: a good, seasoned manager adapts their leadership style to their employees. So the premise is a bit backwards.
But second, let's suppose we use something more valid like "ability to follow instructions". And suppose there are real differences in groups. You still don't stereotype on groups, because lower-performing groups still have high-performing members. So you have your interview examine the actual skill you need on an individual basis. You don't make assumptions based on group membership.
Now, for practical reasons candidates need to be reduced to a reasonable number to interview. That should be done according to personal accomplishments and experience, not groups.
The college you went to is tricky. Only hiring from a select group is not very defensible mainly because it's a bad signal. It reflects mostly your high school test scores and grades, which was years ago. On the other hand, some colleges teach in certain departments better or worse, your grades might matter and depend on the college, etc. So you need to calibrate for a bunch of achievement-based signals where the college name can matter, rather than whitelist only certain colleges.
Unsurprisingly, an Indian exec's trusted lieutenants and golf buddies will also be Indian, likely from the same university, caste, etc. They will not be hiring random people just because they happen to be Indian; if anything, there's been plenty of lawsuits over Indians of the "wrong" caste, language group etc getting pushed out.
Yeah that’s never considered an acceptable argument whenever the ratio of white people in a company gets “too high”, don’t see why it should be any different with Indians.
I briefly worked for one such CEO in a major tech city. Core of Indian H1-B staff coders and about same amount of US white staff in both coding, customer-facing, and administrative roles. A lot of hiring was done rapidly. After less than six months the staff discovered the product being sold was basically a fraud (think summarization & classification of emails that could be handled by ChatGPT today, but back in early 2000s, the work was actually secretly being transmitted to staff in India every night, not the "AI" claimed). Of course, that was just one of the many layers of fractal dishonesty about that CEO and company.
So, within a few weeks the entire white staff quit. During the process of organizing to quit, we also found out we were at least the third wave of [all the white staff quitting]. Of course, through all of these waves of quitting all the H1-Bs stayed, because they had no choice.
Ironically, if it had been packaged honestly, it could have been a valuable and profitable service, but that wouldn't have been sellable to VCs (who were also being scammed).
So yes, cheaper, fully compliant with fraudulent practices, and racist to boot. A toxic brew.
fmajid in another thread had a similar paraphrase
> H1-B holders have to find a new employer within 2 weeks or lose their visa, the threat of firing is the same thing as deportation, making for a form of indentured servitude.
It's probably greater difficultly to lateral also, since then there's another company talking with the government about sponsorship on somebody you're already sponsoring. A lot of banks and financials already have standing threats to fire anybody they even find looking around.
The overall topic is important, which is why it needs to be discussed with comments that are thoughtful and substantive, which the guidelines clearly ask us to do:
Be kind. Don't be snarky. Converse curiously; don't cross-examine. Edit out swipes.
Comments should get more thoughtful and substantive, not less, as a topic gets more divisive.
Please don't fulminate.
Eschew flamebait. Avoid generic tangents. Omit internet tropes.
Please don't use Hacker News for political or ideological battle. It tramples curiosity.
https://news.ycombinator.com/newsguidelines.html
On one hand, H1B holders can be paid below market rates because it is very hard for them to switch jobs. For this reason, they create resentment from American citizens.
On the other hand, it would be extremely detrimental to the US to kill the golden goose of our tech industry by turning it into some kind of forced welfare for citizens. Another country which is able to hire the best from around the world will take our place.
And then of course, the entire program is structured in an extremely bureaucratic way, with all this nonsense about publishing job ads in secret newspapers.
It seems that these issues could be addressed very simply by tweaking Trump's proposed "gold card" system: anyone can get a work visa, by paying $100,000 per year. This is not tied to a specific employer. The high payment ensures that the only people coming over are doing so to earn a high salary in a highly skilled field. There is no tying the employee to a specific company, so it is fairer for citizens to compete against them.
But not all of the H1B folks are the best from around the world; they're simply significantly cheaper, and the reality of the H1B Visa also means that they're very unlikely to quit their jobs for greener pastures.
This directly lowers the wage an American can earn. This is one way corporations pin the market to a wage they want rather than what is reasonable and fair for the worker. "That's the market rate" Is some serious bullshit, they manipulate it at every turn.
Though, it isn't like the US actually wants to fix its immigration system. It benefits from the resulting submissive population and takes great sadistic joy in having a group of people they can harass and blame for everything, while those outsiders pay into the system, often arriving in the US through an educational visa, thus helping to prop up universities.
The H1B system has been a wreck for decades, the lottery system encourages abuse and doesn't make any sense if your goal is for immigration to be for skilled people (compared to most other places, which just directly look at your skills compared to what they need). Politicians talk a lot about how if elected, they will fix it, only to never actually do so.
Ok, come on, this is just an insulting "kids these days" throw-away line that is absolutely not necessary.
That this is expressed in a whimsical way (personally I liked the turn of phrase, but that's an issue of taste) might personally offend you but doesn't change the substance of the article.
Where did you hear this?
> use ChatGPT to draft calm, non-threatening Slack messages that note discriminatory incidents and keep doing that consistently
This is terrible advice. It not only makes those messages inadmissible, it casts reasonable doubt on everything else you say.
Using an LLM to take the emotion out of your breadcrumbs is fine. Having it draft generic stuff, or worse, potentially hallucinate, may actually flip liability onto you, particularly if you weren't authorised to disclose the contents of those messages to an outside LLM.
Most employees don’t know what data matters or how to collect it. ChatGPT Pro (GPT-5 Pro) can walk someone through exactly what to track and how to frame it: drafting precise, non-threatening documentation, escalating via well-written emails, and organizing evidence. I first saw this when a seed-stage startup I know lost a wage claim after an employee used ChatGPT to craft highly effective legal emails.
This is the shift: people won’t hire a lawyer to explore “maybe” claims on a $100K tech job—but they will ask an AI to outline relevant doctrines, show how their facts map to prior cases, and suggest the right records to pull. On its own, ChatGPT isn’t a lawyer. In the hands of a thoughtful user, though, it’s close to lawyer-level support for spotting issues, building a record, and pushing for a fair outcome. The legal system will feel that impact.
This is correct usage. Letting it draft notes and letters is not. (Procedural emails, why not.) Essentially, ChatGPT Pro lets one do e-discovery and preliminary drafting to a degree that’s good enough for anything less than a few million dollars.
I’ve worked with startups in San Francisco, where lawyers readily take cases on contingency because they’re so easy to win. The only times I’ve urged companies fight back have been recently, because the emails and notes the employee sent were clearly LLM generated and materially false in one instance. That let, in the one case that they insisted on pursuing, the entire corpus of claims be put under doubt and dismissed. Again, in San Francisco, a notoriously employee-friendly jurisdiction.
I’ve invested in legal AI efforts. I’d be thrilled if their current crop of AIs were my adversary in any case. (I’d also take the bet on ignoring an LLM-drafted complaint more than a written one, lawyer or not.)
It is in effect not a legal system, but a system to keep lawyers and judges in business with intentionally vaguely worded laws and variable interpretations.
Totally agree again. LLMs are great at collating and helping you decide if you have a case and, if so, convincing either a lawyer to take it or your adversary to settle.
Where they backfire is when people use them to send chats or demand letters. You suggested this, and this is the part where I’m pointing out that I am personally familiar with multiple cases where this took a case the person could have won, on contingency, and turned it into one where they couldn’t irrespective of which lawyers they retained.
https://www.eeoc.gov/how-file-charge-employment-discriminati...
It’s good at initiating them. I’ve started to see folks using LLM output directly in legal complaints and it’s frankly a godsend to the other side since blatantly making shit up is usually enough to swing a regulator, judge or arbitrator to dismiss with prejudice.
Do immigrants earn less than locals?
My impression is that the salary is similar. I am not in the US, but I rejected job offers from across the pond in the past and the salary seemed to be on the level with what I know is paid in the US for that position.
My guess is that what they like in H1B workers is that they are sort of stuck with that employer, as changing jobs under such a Visa can be tricky no?
I could afford to spend the next six months out of work looking for a replacement job. No one on an H1B can because they would be in violation of their visa. They will tolerate far more nonsense than I will.
H1B always sounded to me like a shitty deal for the immigrant, and it also does seem to be detrimental to native workers.
Fundamentally how prices are set is someone sets a price, and if there are no takers they change the price. If a company offers a salary, and they bring in an H1-B to fill the role, they don't have to raise the salary. Over time it suppresses the wage.
Employee works for a company under an H1B, company likes their work, wants them to stay longer (H1B has a max of 6 years unless you sponsor the employee for permanent residence). Employee doesn't want to be in this weird temporary worker status forever (and again, after 6 years they'll need to), so the company has two choices: either hire a new employee, hope they've as good as the one you already have under the H1B, train them up to be as familiar with the job and its work as the H1B, and then forget about getting the existing employee permanent residence, OR, just sponsor them for the PERM process, put out a job ad with a really low likelihood of anyone applying, and move on with their lives.
The way the PERM process is set up, there's really no reason not to do the hidden job ad, it's not really regulated against, there's not much financial harm in doing it, and they already have an employee they like and who wants to stay, so for those two parties (and presumably anyone who likes working with this person, and any friends they have in America and so on), there's no reason not to just put out the hidden job ad.
The thing is that all these mega-corporations have offices across the world, but currently want to hire in the US. You and I want our personal jobs to be expensive, but we don't want the prospect of hiring us where we live to be too expensive. And even aside from cost, you also don't want them to say "there's not enough employees there, it's not worth hiring."[0]
[0] I'm technically no longer living in the US, but I was until recently.
Wouldn't say it's necessarily easy to do so, but it's not an automatic deported from the country kind of deal.
Salaries are extremely high in SV, why would they bother hiring foreigners if they can find good candidates locally?
I work in a big US tech company, and I do interview lots of candidates. Most of them graduated outside of the US. I can't believe that leadership would go to such great lengths to avoid local candidate. I think there are just not enough qualified applicants.
It's really that simple. SV likes foreign workers BECAUSE SV salaries are high. Businesses will do literally anything to save a few cents, at any cost.
There are enough qualified domestic candidates. Your bosses don't want them because domestic workers demand wages that fit domestic cost of living. Foreign workers can be extorted into accepting much less than a domestic worker will.
This is all very simple and straightforward. Your big mistake here is in assuming that capitalism is fundamentally moral or logical. It is not. Literally only one thing matters and it's maximizing profit at any cost.
To your point, the sense is that diploma mills exist and the corporations mostly want bodies to work 20 hours a day and indentured servitude is what they want most. That 25% tax on international workers is nothing. It will be gamed like the tax code.
If we want to fix things, the Double Dutch/Irish/ Shell companies need to be eliminated. Stock buy backs also need to be eliminated. There is no reason for it to be allowed, it is direct manipulation.
When Corps have to pay their fair share, they'll invest in people as a expense and write it off. Which is what they were doing before tax evasion, outsourcing, and the shell game.
Eliminate the tax evasion and punish corps with fines until they are above board.
There’s two ends to this market, the super smart people and the super dumb jobs. The volume is in people slinging COBOL, J2EE or whatever for awful wages.
The reality is the H1B in the dumb categories are keeping jobs onshore. Nobody is paying 2x for the work… the alternative is shipping everything, including the “better IT” and administrative jobs offshore.
Is it HR, is it the leadership directing HR? No idea, but it feels like the company is shooting itself in the foot. Especially a growing company where these jobs are high responsibility and require a lot of initiative. I just don't see it happening with these candidates. Getting a simple point across takes long enough.
After a week of that, interviewing someone who actually knows English feels like turbo charged discussion. I get through interview questions in half the time, with literally 10x more information communicated.
This. It's getting to a boiling point now with so many people out of work who are more than qualified for these jobs being shunned from them, and now they are fighting back. I'm sure there are many here who work in tech that can relate who have gone through hundreds, possibly thousands, of applications and not hearing anything back.
Your country sold you down the river 30 years ago.
A zinger of a concluding line if ever there was one.
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