alt Hacker NewsNo, the requirement is that the job is for a speciality occupation and that the H1B be paid the prevailing wage for that job, not that there was an attempt to hire locally first.
For an I-140 PERM (employment based green card) however the requirement is that there was an effort made to hire locally first.
Most people on HN are uninformed about this, well actually uninformed in general.
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prerok • today at 7:02 AM
Ah, that was it then. The person in question was probably filing for that instead of trying to get another H1B. Thank you for clarifying!
The jobs filled via H-1B are not “specialty” positions, everyone knows this. I know that’s what the visa is ostensibly supposed to be used for, but it’s a very silly thing to pretend at this stage. I agree that many are uninformed on this, and my friends who don’t work in tech think someone on an H-1B visa is like a “particle physics PhD” or something, and not “database administrator” or “backend engineer”.