Do you suggest that they check the immigration status and offer to some people lower compensation because of their status?
If they offer below-market (for American workers) salaries and get no sufficiently-qualified domestic candidates, as they're required to promise they do, it's no surprise to anyone that they're hiring a ton of H-1Bs. They want that because they want to pay less.
I don't blame them for doing what's fiscally advantageous for the shareholders up till now -- but I think I'll be glad to see this change implemented, if it is, because I know companies write on those forms "domestic talent not found" when they know the truth is "domestic talent not available at the wages we'd like to pay".
Get applying, every application sends a H1-B fraudster home (not, but we can wish).
You can argue that they can fight the inflation impact that way.
But I think you’re implying paying less than market rate which is simply not true.
If they’re bribing USCIS to get around this rule. That’s a different discussion.
But yes, as far as I know companies would usually offer an H1B applicant lower salary. They know the candidate will need visa sponsorship because the candidate has to say up front (usually in the first conversation) if they are authorized to work in the US. If the companies know they will have to undertake costly sponsorship, and as far as I know employment law leaves them quite free to offer a lower salary: foreign nationals are not a protected class so salary discrimination on the basis of who will need visa sponsorship is just to be expected in the current system...
You're not locked into one employer on an H1B. Once you are here it is possible to switch jobs relatively easily since you do not need to go through the lottery again.
> as far as I know employment law leaves them quite free to offer a lower salary
"The H-1B employer must pay its H-1B worker(s) at least the “required” wage which is the higher of the prevailing wage or the employer’s actual wage (in-house wage) for similarly employed workers."
https://www.dol.gov/agencies/whd/fact-sheets/62g-h1b-require...
Promoters of H1B keep talking about highly talented H1Bs while ignoring a mass hired at very low end of tech jobs.
The incentives ensure that it will happen with zero intent, and probably without the people doing it even realize they're doing it. It's not illegal to see someone, think of them as a 'sucker' but not even realize why, then lowball them, which is far more likely than for a person to actually consciously confront themselves they may be a racist.
In any case, even if they know it's illegal, it's not so easy to enforce, the fact that people get successfully sued or jailed a small fraction of the time isn't going to be some solace.
The only way to actually solve it is to remove the incentive in place, namely either the market pressure to get the best developer at the cheapest price or the vulnerability of being an immigrant.
This is precisely what HR and hiring managers at FAANG companies are instructed and trained to avoid.
1) Hiring manager to have incentive to hire quality talent at the most economical price
2) Foreign talent be more desperate than domestic talent
The effect is practically guaranteed even if there is exactly zero intent by the hiring manager or any conscious 'discrimination.' Incentives beget results and people may not ponder how they got there, and they often don't.
Unless you change (1) or (2) all the discrimination legislation, lawsuits, and 'training' in the world isn't worth the paper it is written on.
