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DOL proposed rule to modernize PERM labor certification clears White House review

The Office of Management and Budget has cleared a Department of Labor proposed rule that could substantially update the PERM labor certification process, a key step in many employment-based green card cases. The proposal is expected to address recruitment standards, protections for U.S. workers affected by layoffs, and employer compliance requirements. However, the regulatory text has not yet been published, and the specific proposed requirements remain unknown. Current PERM regulations remain in effect. Employers with pending or planned PERM filings should monitor publication of the proposal and the subsequent public comment period.

This will scrutinize all H1B extensions and make it tougher to process. Huge win 🥇 for citizens of this country.

#H1B #Layoffs #Government #Compliance

H1B Employees

I know these layoffs are painful for everyone, and I respect the financial and emotional impact we’re all facing. But seeing comments blaming H-1B employees for taking jobs is hurtful. We are colleagues facing the same layoffs, with additional uncertainty about whether our families can stay in the country.

I’ve worked at Comcast since 2009 and have been waiting nearly 17 years for permanent residency, following the immigration rules throughout. My employment ends December 31, and my deadline to find another eligible job is January 30, 2027. Otherwise, my family may have to leave—disrupting my children’s school year and potentially forcing us to sell our home.

I’m not asking for special treatment. I’m asking that we avoid blaming or discriminating against colleagues because of their visa status or nationality. We’ve built our lives here and contributed to this company and our communities. We all deserve respect and compassion during this difficult time.

#H1B #Layoffs #Visa #EmployeeRights

How Does the H1B Hiring Scam Actually Work?

Here's something I genuinely don't understnd. We had two openings for testing and QA roles that required basic test automation skills. Nothing particularly complex. Anyone with a reasonable technical background could probably learn what we needed within a month, possibly faster with today's AI tools.

I'd imagine there are 100s, if not 1000s, of unemployed American workers with these skills who would have been interested. The compensation was excellent, and the work itself was fairly interesting.

Instead, we hired two H1B workers whose technical abilities have been questionable so far. Both also struggle with communication and interpersonal skills, which matters because the positions involve some customer interaction.

What I don't understand is why we didn't properly advertise these positions and give qualified domestic candidates a fair opportunity. Was there a genuine shortage of available talent, or was there some other incentive to hire through the H1B program?

I'm genuinely curious how these hiring decisions get made because, from where I'm sitting, none of this makes sense.

#H1B #Hiring #Recruiting #Ethics #HiringProcess

Microsoft’s Visa Fraud is no longer in question

A company willing to let got 60,000 workers does not have labor shortage. That is a simple fact to understand. Any one who disagrees is a bad faith actor.

Now the question is, why is Microsoft one of the biggest H1B visas filers in the US year after year?

Because there is no labor shortage, obviously. H1b and H4 visas have been used against the American people to lower wages and squeeze more work out of them.

This is not an attack to those on H1b and H4 visas. You are not at fault. You are not the people benefit from all of this.

#H1B #Visa #Layoffs #Compensation #BuyOut

Fortune 110, H1B 61

We are #110 on fortune 500, yet #61 on most H1B sponsors https://www.levels.fyi/h1b/sponsors/ which says all you need to know

Btw, if you make under $137K, congrats, you make less than the avg H1B's they hired to "save costs" because they “couldn’t find equivalent U.S talent” which should be a slap in the face to you. There are some serious questions that need to be answered here.

The worst part is our stock would be doing the same with Andy (in retrospect, my word was he the last stand against mass outsourcing, and now I miss him despite his quirks) as it is with GK. The stock is "performing" due to the larger markets, NOT because of GK. And she thinks its her doing, so will double down on the outsourcing. Godspeed.

For legal reasons, this is all "allegedly"!

#H1B #Outsourcing #Compensation #Offshoring #Leadership

The Real Problem: Broken Consulting Practices, Not H-1B Visas

Public debate often blames H-1B visa holders for lowering wages and taking jobs. But the visa holders aren't the problem—America’s broken corporate consulting model is.

The H-1B program was created to bring top foreign talent to the US. Instead, low-grade staffing agencies use it as a cheap labor loop that hurts international graduates, foreign workers, and American citizens alike.

  1. Skill Misalignment and Wage Exploitation
    Jobless Graduates: Thousands of foreign students graduate from accredited US universities every year with legitimate degrees but cannot find visa sponsors.

Exploiting the Loophole: Low-grade staffing agencies import workers from overseas often with exaggerated or unverified credentials who are willing to take sub-standard pay. Usually jobless US citizen's and Jobless graduates also fall prey to this loophole.

Modern-Day Dependency: Because these workers rely entirely on the agency for their legal visa status, they cannot negotiate fair pay or leave easily.

  1. Middleman Corruption and Kickbacks
    Third-party consulting creates loopholes for unethical practices that undermine merit-based hiring:
    Example: An H-4 EAD visa holder (dependent spouse) started his own staffing agency to sponsor H-1Bs. To get his workers hired, he secretly paid hiring managers a $10/hour kickback per worker directly into foreign bank accounts.

When hiring managers profit off middlemen cuts, skills no longer matter only the middleman’s profit margin does. When hiring a Foreign worker the hiring manager's foreign accounts has to be checked for any additional deposits.

  1. The Inverted Purpose of "Consulting"
    Historically, consultants were hired for short-term (3–12 months), highly specialized skills and were paid more per hour than full-time staff.
    Today, corporate America has flipped this model:
    Permanent Roles: Companies use contractors long-term to avoid paying benefits, 401(k)s, and severance.
    Cheap Labor: Instead of paying a premium for special skills, companies use consulting firms to undercut standard employee wages.

  2. Two Simple Policy Solutions
    To fix the system, America must reform third-party consulting rules:
    Require Direct Employment: H-1B holders must be full-time, direct employees working at the sponsoring company’s office—not placed at third-party client sites. This eliminates middleman "body shops" overnight.

Set Premium Pay for Contractors: Require contract roles to pay significantly higher hourly rates than full-time roles. If consulting becomes expensive again, companies will stop using contractors to lower labor costs and focus on better hiring practices.

  1. How It Directly Harms American Citizens
    This corrupt setup impacts everyone including US citizens.

Personal Experience: During a recent job interview for a full-time role, a hiring manager contacted me off-line.

The Deal: He asked me to work as a contractor under his friend's staffing firm instead at the same pay rate so he and his friend could take a cut off my hourly wage.

The core issue isn't foreign workers. it is a corrupt consulting culture that extracts profits from workers to enrich middlemen.

#Consulting #H1B #Policy

RTO - CA

I'm under JZ then 2 H1B vp levels. Then Sr Director and Sr Mgmt offshore level. Sr Mgmt level and above for our team just does reporting on projects that they ask us workers to do for them to hand it to the next level. I was put on a RTO "bad" report for CA because I was out for vacation. That's not taken into consideration for being in office 4x's per week. My offshore leaders don't care. My India co-workers only come in 10 days per month to stay off the list. Job openings only show MN and WA need to be in office 4 days per wk. Is this so that Optum can claim that they are doing this for those state tx purposes when really it's due to country of origin, which is illegal? They are having US workers RTO in many states and not just MN and WA.

#H1B #JobSecurity #RTO #RemoteWork

As per JD Vance H-1B visa program remains active. As USA need H1B visa to make America Great Again

The H-1B visa program remains active, but the administration has introduced targeted enforcement measures and suspensions affecting specific companies like Microsoft and Suspension of PERM / Green Card Processing for Specific Companies.

Oracle will keep hiring under H1B visas.

#H1B #VisaSponsorship

Broken and abused system

Every debate over the H-1B visa program seems to follow the same script. Employers insist they cannot find enough qualified American workers. Industry lobbyists argue the program is essential to attract the world's brightest talent. Critics point to Americans who have been laid off and replaced by H-1B workers. Both sides then call for “reforming” a program they describe as broken.

But much of the public discussion rests on myths that have been repeated for so long they are accepted as fact. The reality is that many of the most common claims about H-1B simply are not true.

Myth No. 1: H-1B Exists to Fill Labor Shortages
Reality: The H-1B program is designed to replace Americans with foreign workers.

Congress made it explicitly legal to replace Americans with H-1B nonimmigrants. A program that legally permits replacing available American workers cannot honestly be described as a labor-shortage program.

There is no shortage or market test of any kind in H-1B. In fact, when Congress created the H-1B program in 1990 it eliminated the labor-shortage requirement that existed under its predecessor.

The largest occupational group receiving H-1B visas is computer occupations. The U.S. imports more H-1B workers in computer occupations than there are jobs created in such occupations.

Myth No. 2: Employers Must Prove No Qualified American Is Available
Reality: No employer is required to prove Americans are not available before importing H-1B nonimmigrants.

The closest requirement is that a handful of employers are required to certify they recruited Americans by checking a box, and this requirement only applies under a combination of circumstances that rarely occur.

Such a requirement would be inconsistent with Congress making it explicitly legal to replace Americans with H-1B nonimmigrants.

Myth No. 3: H-1B Is a Program for the World's Best and Brightest
Reality: If the goal were to recruit exceptional talent from around the world, the program would probably look very different.

Nearly all H-1B workers come from one country: India. Most Indian H-1B workers come from just two states, Telangana and Andhra Pradesh.

Nor does the program prioritize extraordinary ability. Congress requires petitions to be processed largely in the order they are filed. Employers themselves classify 82 percent of H-1B workers at the Department of Labor's two lowest wage levels — 31 percent as entry-level and another 51 percent as qualified workers. Only about 18 percent are paid at levels that indicate above-average experience or expertise.

The H-1B program rewards the greatest volume of applications and speed, not exceptional talent.

Myth No. 4: America Needs H-1B Because Our Students Cannot Compete
Reality: The evidence says otherwise.

Supporters frequently argue that American schools are failing to produce enough STEM graduates while countries such as India are producing better-trained workers.

But international assessments tell a different story. India's students performed near the bottom when the country participated in the Trends in International Mathematics and Science Study. In addition, an international study published by the National Academies of Sciences found that American computer science students outperformed students from India and China. The average American student scored higher than students attending elite institutions in those countries.

The problem is not that American graduates lack ability. It is that many employers can hire foreign workers at lower wages.

Myth No. 5: H-1B Workers Are Paid the Prevailing Wage
Reality: The law says employers must pay at least the prevailing wage for the occupation and location. Yet the H-1B system is designed to allow employers to ignore this requirement with impunity.

Employers may determine the prevailing wage themselves rather than use the Department of Labor's published wage data. Federal law requires the Department of Labor to certify Labor Condition Applications within seven days and generally prohibits the agency from verifying employers' wage claims before approval.

The result is predictable. In 2024, over 90 percent of employer-submitted prevailing wage claims for approved H-1B visas were below the Bureau of Labor Statistics' prevailing wage for the occupation and location.

Newly available USCIS data show that H-1B workers are typically paid substantially less than comparable American workers in the same occupation and metropolitan area.

Myth No. 6: H-1B Is for Highly Skilled Workers
Reality: The only occupation that requires H-1B nonimmigrants to be highly skilled is fashion models. For others, a four-year degree is all that is required.

Under the Department of Labor’s four-tier, skill-based prevailing wage, employers classify 31 percent of H-1B workers as entry level and 51 percent as qualified, the two lowest skill levels. Employers even classify H-1B nonimmigrants in their 50s and 60s as “entry level”.

Myth No. 7: Only 65,000 H-1B Visas Are Issued Each Year
Reality: The often-cited 65,000 cap is only part of the story.

Congress created an additional 20,000 visas for graduates of U.S. universities. Universities and many nonprofit research institutions are exempt from numerical limits altogether.

As a result, the government approved approximately 141,000 new H-1B workers in FY 2024 — more than double the statutory cap most people hear about because many visas are exempt from the quotas.

The largest H-1B job classification, by far, is computer occupations, where the number of H-1B nonimmigrants exceeds job creation. Supporters try to hide this flood of foreign workers by making the apples-to-orange comparison of H-1B numbers to the entire labor market.

Myth No. 8: There Is a $60,000 Minimum Salary for H-1B Visas
Reality: This is a complete fiction. No such requirement exists.

Over 2,000 H-1B visas were approved in 2024 with wages below $60,000.

Myth No. 9: The Department of Labor Sets the Minimum Wage for H-1B Workers
Reality: The employer determines the prevailing wage for H-1B employees.

The Department of Labor is required to certify whatever the employer claims is the prevailing wage within seven days and is prohibited from checking the accuracy of the claim, even after approval.

Some 90 percent of employer prevailing wage claims in 2024 were less than the actual prevailing wage for the occupation and location reported by the BLS.

The employer can request a prevailing wage determination from the Department of Labor, but this rarely happens.

Myth No. 10: H-1B Wages Are Comparable to U.S. Wages
Reality: Overall, H-1B wages are nowhere close to U.S. wages for the same occupation and location as the law ostensibly requires.

Only wages for H-1B workers from a handful of countries, particularly in Northern Europe, Australia, and Canada are comparable to U.S. wages and often exceed U.S. wages. These represent less than 5 percent of the visas.

The countries with wages comparable to U.S. wages are more than offset by wages paid to H-1B workers from India, who collectively have absurdly low wages and make up nearly all H-1B visas.

Myth No. 11: The H-1B Program Is Broken
Reality: This is the biggest myth of all.

A broken program is one that fails to achieve its intended purpose.

But Congress deliberately eliminated the labor-shortage requirement. Congress chose not to require employers to recruit Americans first. Congress created a Labor Condition Application system that relies largely on employer self-certification. Congress has known for decades that American workers have been replaced by H 1B employees, yet it has never prohibited the practice broadly.

Congress has known for decades that employers have been replacing Americans with H-1B nonimmigrants. Congress’s response to this abusive behavior was to make the practice explicitly legal. No one should be surprised at an employer that lays off thousands of Americans while hiring thousands of H-1B nonimmigrants.

The H-1B program is producing exactly the outcomes its structure encourages: employers gain access to a large pool of lower-cost foreign labor while facing few obligations to recruit American workers first or verify wage claims independently.

If policy-makers truly want an H-1B program focused on exceptional talent, they should redesign it accordingly. That means requiring meaningful recruitment of American workers, independently verifying prevailing wages, prioritizing genuinely exceptional applicants rather than first-filed petitions, and prohibiting employers from replacing American workers with H-1B employees.

Until then, the public should stop asking why H-1B is broken because H-1B works exactly as Congress intended it to work.

#H1B

Face to Face interviews and Documents

The tech hiring at Citi is flooded by rampant immigration fraud, and remote interviewing is completely enabling it.

Candidates are using AI, lip-syncing to cheat through screens, while others lie about holding Green Cards to secure interviews.

All Citi locations in Texas, Florida, the UK, Ireland, and India must stop falling for this 'known' scam. 😁

Automated tests like Karat are useless.

The fix is simple: mandate in-person interviews and demand "physical" passports, degrees, and H1B, H4 EAD, or OPT paperwork on-site. Put them in front of a physical whiteboard with a marker. Let’s see them show off their real "cooking skills". They will definitely get cooked. I bet most of the candidates do not even show up for the interviewa!

#HiringProcess #Interviewing #BackgroundCheck #H1B #Ethics

USAA

It will be funny and sarcastic to see how many more H1B indians is IBM Consulting able to bring in. There were about 1,200 already in 2024. Indian Sub CIOs just bringing indians like a swarm. Stupid decisions.

#H1B #Consulting #Hiring #Leadership

H1B salary hikes and promotions - Discrimination

If you feel your manager is hiring more H1Bs or increasing salaries of H1Bs considerably when compared to American workers - citizens or permanent residents for the same please report the following :

MANAGERS NAME & TITLE
DIRECTORS NAME & TITLE
MANAGING DIRECTORS NAME & TITLE

https://tips.uscis.gov/

The current administration is clear in one thing - if they investigate and find all of these stakeholders had done clear discrimination based on salary. The managers/directors PERM will be revoked in addition to the employee. If they have I140 approved it will be stalled and they will never get their GC through any getaway and will ne banned from US for 10 years.

As we are collecting more data keep providing more data. We are targeting pay rises only for H1Bs and promotions as well.

This discrimination and abuse can never be tolerated .

#EmployeeRelations #H1B #Promotion #Salary

No more H1-B auto renewals for Tata

🚨 JUST IN: The Trump DHS is moving to END the policy that lets H-1B visa extensions get rubber-stamp approval with practically zero scrutiny — new filing
Translation: Likely FEWER H-1B FOREIGNER renewals that REPLACE Americans, especially Tata sponsored H1-Bs.
This is ON TOP of the landmark PERM suspensions carried out by Trump and Vance days ago for Tata.. 🇺🇸
USCIS officers generally have to defer to an earlier approval if the employer, worker, and job haven't changed
Under the new proposed rule, EVERY extension would get a new review, and companies would have to prove eligibility all over again, especially Tata.
Current policy lets errors and FRAUD carry over into new visa periods.
About 208,000 extension filings a year would be affected, and roughly 75% of them are H-1Bs.
No more auto renewals for Big Tech's cheap foreign labor pipeline!
American workers come FIRST, FINALLY 🔥

#H1B

H1B extensions getting denied at Microsoft?

I heard from a few people that H1B extensions at Microsoft are getting delayed and some may even be getting denied. Apparently even premium processing cases are taking longer than expected. Not sure if this is connected to the recent PERM situation or something else. Anyone here experiencing this firsthand or hearing the same thing internally?

#H1B

Guess how many contractors on H1B are working here?

Guess how many Indians contractors on H1B are working here in IT? I feel sorry for those getting laid off and these incompetent managers/directors hiring and retaining contractors on H1B and in some cases getting paid from back door channel and securing their title job. What the f**k is Pulte doing about it? Investigate them all and force them to stick with contractor tenure agreements.

#Contractor #H1B #Investigation #Layoffs #Management

In Comcast , definitely you will see the better results if you layoff H1B and Green card holders. You will be amazed to see the results

Comcast, if you genuinely want to see better business results, improved productivity, and stronger employee morale, you need to seriously reconsider your layoff and employee retention strategies.

Why are H-1B visa holders and green card holders seemingly being retained while other experienced and qualified employees are losing their jobs?

If this is happening, Comcast leadership owes its employees an explanation. What criteria are being used to determine who stays and who gets laid off? Are these decisions based on technical expertise, performance, experience, and business contributions, or are other factors influencing the process?

Instead of repeatedly laying off valuable employees, Comcast should conduct a transparent and unbiased review of its workforce decisions, including the retention of H-1B and green card employees.

Layoff decisions should be based on measurable performance and business needs, not immigration status or preferential treatment.

Comcast might be surprised by how quickly productivity, accountability, and employee confidence could improve if it adopted a genuinely fair and merit-based approach.

The real question is: Why are some employees being protected while others are being shown the door? Comcast employees deserve transparency and equal treatment.

#Layoffs #H1B #JobSecurity #Transparency #Morale