Not Peter. All your domestic stuff can probably be resolved by a skilled attorney, but travel definitely has risks. You can't do anything if you are denied entry or if your visa renewal is denied. There is virtually no legal recourse.
The specificied purpose of PERM is to to fill a position that otherwiswe can't be filled by a US LPR or citizen..
If you need to hide your job postings on an internal physical caulk board in a basement and post them in only physical copies of The Columbus Dispatch then it should be pretty clear you're not following the spirit of the program. If, even after doing that, you then disqualify candidates for pretty fake reasons and you somehow still have qualified candidates so you pull the position and try again in 6-12 months then you should absolutely fail a USCIS audit and you should lose your privileges for hiring foreign workers and sponsoring people for residency, at least for a time.
Legitimate employers and jobs can't get a visa in the H1B lottery because of widespread visa abuse. People from certain countries (particularly India) have to wait 10-15+ years because of abuse of the system. Fake employers with H1B schemes, bodyshops that really pay below prevailing wage and can keep Indian-born people as effectively indentured servants, spamming the system with H1B applications because they don't really care how many they get.
We're in permanent layoff culture now where pretty much every sufficiently-sized employer will probably fire 5-10% of their staff every year while still hiring people. This is to suppress wages and make people do more work for free. There should be a cost to this.
If you're an immigrant, a completely arbitrary layoff can be devastating. You have a short period to find a new job and if you don't, you have to leave the country. Employers who will do that to immigrants shouldn't be alloweed to hire immigrants.
You can be both pro-immigration and anti-immigration abuse.
You are conflating several unrelated issues. In your previous post, you expressed how you wish PERM worked ("I also think that doing layoffs in the US should disqualify you from doing any PERM or sponsoring any visa for 2-3 years."), to which my response was why have PERM at all. You are still talking about how you wish the world worked. There are a lot of shoulds in your reply. PERM, H-1B, etc. all exist as a carefully brokered compromise bw different factions that want different things. It is the correct amount of broken by design. Posting in a Sunday newspaper is a requirement in the regulations. Everyone is in the right amount of compliance to maintain equilibrium. There are any number of things that could be or should be, but aren't.
There is no legitimate reason to allow body shops to participate in the H1B program. They aren't creating the jobs that need to be filled. They're just parasites who are responsible for the majority of the fraud.
certain employers can use h1bs to fill specific employment needs really well, and have a ton of experience with both sourcing foreign labour and matching it to work that needs doing in the US.
its doing exactly what the program is looking for, filling a labour quantity at the price employers are looking for.
The US government is optimizing for being able to do some volume of technical work, and the the h1 is intended to make sure that the industry isnt limited by labour availability. its not particularly abusive to do that in an efficient way where the same h1b can serve many businesses
the alternative thats coming is going to be moving a lot of the work to india and instead having the local engineers be liasons for where the real work is happening
people in india havw to wait long periods because the green card system of country limits has no per capita normalization, not because of h1 visa abuse. its sheer volume of good people working for american companies in america, wanting to stay in america. Your anti-abuse metrics will bring it down from 15 years to 13 or 14. not a meaningful difference
Nothing will convince me that the likes of Tata and Infosys are a good use of H1Bs. And because they flood the system with H1B applications, other actually valuable positions go unfilled.
If the customers for these bodyshops could save money by outsourcing directly to India, they would've already.
And beyond those big bodyshops you have any number of smaller H1B fraud schemes eg [1][2][3][4].
If you're Indian-born and are waiting 10-15+ years for your green card then you should be mad about these companies because they're making your life more difficult.
> The US government is optimizing for being able to do some volume of technical work, and the the h1 is intended to make sure that the industry isnt limited by labour availability
First, I disagree with this claim. The US government is optimizing to suppress wages.
Second, when there's significant unemployment in the sector then there is by definition availability. It further goes to my argument that the main purpose is to suppress wages.
> If the customers for these bodyshops could save money by outsourcing directly to India, they would've already.
I worked for a company that did this. They had no H1Bs but did have an Indian subsidiary. The problem is you only get the third tier workers who can't make it into the body shops. Plus you have to deal with the time disparity.
>and locals getting priced out by immigrants who work for tech companies basically characterizes the demographic trajectory of my hometown.
That's on the locals. They are being priced out because they don't want to build any housing (NIMBYism) nor do they want to pay taxes on property (Prop 13). Don't blame immigrants for the policy failures of the bay area. These failures extend to all of CA and predate tech immigrants.
They've always had nationwide data. The database is NCIC. It's an imperfect database that has hits for any interaction with law enforcement. USCIS/DHS/State routinely use this database. So there's not much that's new there.
Also that the fee exists as a proclamation but is being litigated. It is on appeal in the DC circuit and there is a separate case in ND CA as well. In light of learning resources, my money is on it being overruled.
It's a fairly well-founded contention eg [1][2][3].
Here's a problem I often see when technical people, particular engineers, try to analyze legal issues: they tend to look for technical compliance (or noncompliance) or use standards like absolute proof but the law simply doesn't work that way.
Legal decisions tend to come down to things like witness credibility, a holistic view of the facts and whatever evidence standard is being used (eg preponderence of the evidence, beyond a reasonable doubt, clear and convincing evidence).
An example I like to use is back when prosecutions for downloading something illegal were more in the news. A technical person might argue "an IP address doens't mean anything. It could've been anybody". But the law will look at the totality of the evidence (eg browser history, time when it happened, were you home at the time, whether such media was found on your PC, etc. And the way the Rules of Evidence work, you might not even be able to suggest certain alternative theories (eg "my Wifi was hacked") without evidence.
Another good example is sponsoring someone for a marriage-based green card. You need to be in a bona fide marriage and you'll get people who will look for technical compliance. Is having a joint bank account enough? Photos? A joint lease? Filing a joint tax return? Those are some of the factors USCIS uses but no single factor is sufficient. USCIS will look at the totality of the evidence in determining if a marriage is bona fide.
so back to PERM abuse, arguments like "we made an error with the email address" or "we accidentally lost some US citizen applications" or even "we complied with the technical requirements for advertising a position" may not carry the day because the totality of the evidence may still amount to immigration fraud.
Lastly, it should be noted that a lack of a prosecution (yet?) is not proof of legality or compliance either.
>it should be noted that a lack of a prosecution (yet?) is not proof of legality or compliance either.
Prosecution or lack of prosecution in this area are both political. The previous DOJ also sued SpaceX for not hiring asylees. I am not aware of an actual court victory. These tend to settle out of court and both sides get to claim victory and make headlines.
>they tend to look for technical compliance
I'm taking a more holistic view here, which is that the whole thing is so farcical that enforcing compliance here does more harm than good. Look at the operation that chained Hyundai workers and deported them for a photo op. What did it achieve? It created a diplomatic incident, the battery plant stopped producing batteries, and the state lost tax revenue.
>Those are some of the factors USCIS uses but no single factor is sufficient.
That's a whole different can of worms. There is endless litigation over things that USCIS does in its infinite wisdom. Fortunately, we have the APA and Loper Bright overturned Chevron, so it should restore some sanity to it.
Aside:
>prosecutions for downloading something
There is no real prosecution for downloading. It's only uploading. The technical definition is the same as the legal one. The way DMCA prosecution works is that if you are in a torrent swarm and are uploading, you are distributing content, which is easier to prove under copyright law.
Oh come on, are we seriously acting like jobs building out react components or java endpoints are remotely complicated and not a skill that could be trained within 3 months?
Because there isn't much that is actionable with sleep tracking. You can lose weight if you have sleep apnea, and anecdotally people claim that not drinking helps, but you don't need a watch to tell you that. With blood pressure, you get on losartan and see the results immediately.
I don’t see how there is nothing actionable from sleep tracking.
If I have a week of bad sleep scores I don’t go for a long run on the weekend. I don’t indulge in things I would otherwise do, and I make an effort to get off a screen and to bed earlier until I get a solid 8 hours of sleep
But the sleep score tells you nothing. I wake up and I always know roughly what it will be because I already feel it. If my feelings and the watch disagree, the feelings are correct. I get both pieces of information at the same time. The only reason I track it at all is as a kind of memory of how I've been doing, but I could equally well make a note of my feelings.
This is such a strange comment that is full of contradictions. Pixels are supported because the manufacturer supports alternate OSes. I don't get what languishing means here. Pixel hardware lags behind the latest Snapdragon hardware, but it's not something that average people know or care about. So, you can gush all you want, but I don't see why it's a big deal. It's great that they found an OEM and it's great for the overall health of the project, but not because of gaming or the latest Snapdragon.
Does pixel support alternate OSes or it just doesn't get in the way of custom firmware developers?
And for the gaming aspect, there is a huge market for mobile gaming, specially in Asia, so having a manufacturer like Motorola adopting GrapheneOS as a first class citizen will improve the chances that high performance applications will have better performance in such OSes which is a big win.
The Google Pixel has first-class support for alternate OSes (not custom firmware like a Chromebook). The OEM has to go out of their way to support avb_custom_key as mentioned in https://android.googlesource.com/platform/external/avb/+/mas... and I believe the GrapheneOS founder strcat was heavily involved in helping Google design this feature and flow for Android Verified Boot.
If you conceive a device to be shipped with a specific OS that's a completely different relationship with the developer than just giving the keys to the kingdom and wishing good luck, so I hardly think this is subjective
Since ~2023 all Motorola phones with Snapdragon SoCs (the ones most likely to support MTE as needed by GrapheneOS first) have been larger or equal to 6.5" screens.
I do hope however having a Snapdragon device will be beneficial to having postmarketOS support.
For now having Android-type OS on a daily driver is a must, but for older devices (thinking of 10 years time) I'd like to explore an OS which doesn't depend of Google open-source drops and delayed security open-source drops, which is the situation for ROMs without an ODM partner.
Do you mean to say that postmarketOS is somehow better on non Pixel devices? I would assume that Pixels are closest to upstream and have the longest software support life in Android world.
pmOS runs well on a couple OnePlus phones (6, 6T). For whatever reason the Snapdragon 845 and 865 have decent mainline support. I expect the OnePlus 8T to join the prior list of phones in the near future. You can similarly look at which gaming handhelds are supported by ROCKNIX and what SoC they use to get an idea for which ARM SoCs have decent mainline support. I expect the vast majority of phones and other ARM devices to not be very well-supported. RockChip is usually the safest bet, but I've been pleasantly surprised with some Snapdragon stuff.
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