Thread by @USTechWorkers

Thread:

The DOJ case against Facebook alleging FB was intentionally creating a hiring system to deny qualified Americans from learning about available jobs so that their H-1B workers could get Green Cards exposes the skilled-immigration scam. @SenMikeLee's S386 rewards this.

FB & their lobbying arm @FWDus like to claim there's a shortage & they can't find qualified Americans so they have to resort to using the H-1B program to bring in foreigners.

If there were clearly no qualified Americans, why would FB need to cheat the hiring process?

If there are clearly no qualified Americans, why would FB deliberately want to rig the hiring system to ensure no Americans would apply for these jobs?

This suggests they clearly knew there were qualified Americans out there. They just did not want to hire them.

Why does FB not want to hire Americans for software engineering positions that pay a salary of around $156K a year? Because FB wants engineers that won't run away to other competing companies like Apple & Google (See Apple/Google labor collusion lawsuit).
cnet.com/news/apple-goo…

Thus, the H-1B visa provides the perfect tool for FB to ensure they can keep a software worker INDENTURED unable to freely switch employers because the worker's H-1B is tied to FB & also wants to remain loyal for eventual Green Card sponsorship down the line.

The H-1B visa does NOT require employers to prove they first tried hiring Americans.
But the Employment-Based Green Card does.
So FB had to find ways to deny qualified Americans so their compliant H-1Bs could get GCs.
EVERY company is doing this. Not just FB.

Immigration lawyers are the ones that assist companies like FB to disqualify qualified American workers. The Programmer's Guild has an infamous video of immigration lawyers coaching employers on how to disqualify qualified American candidates.

Watch:

FB is a top PERM (Green Card) applicant & a top H-1B employer.

In FY19, it was the # 6 PERM applicant (see below) and #9 H-1B employer.

The DOJ lawsuit shows that the labor certification process (PERM) – the primary mechanism to protect US workers - is a complete sham!

We know this scam goes beyond FB.

USDOL OIG report even says that the labor certification process is a total joke:

The USDOL is essentially entrusting employers like FB to advertise the jobs to Americans. When you give employers this control, what incentive do they have to follow the rule?

"We advertised the job & couldn't find Americans". You just have to take their word.

So how does this tie to @SenMikeLee's S386?

Those waiting in line for their Employment-Based Green Cards have never undergone any genuine labor market test. They never went through it for H-1B (or L-1 or OPT) & the process for PERM was a sham as we have explained here.

Because most of these employers are just as guilty as FB in deliberately finding ways to reject qualified Americans, most of these H-1B candidates for Green Cards should not be deserving of them.

Lee's S386 rewards this sham system.

https://twitter.com/SenMikeLee/status/1334578909023596545?s=20

Why is FB & their lobbying arm FWD.us lobbying to get @SenMikeLee's passed?

Well, they supported the original version of the bill without certain amendments. They just wanted country caps to be removed so it would create a train wreck in the system.

If S386 were to pass, it would create even larger backlogs for everyone. This would then force congress to have no choice but to INCREASE the number of Green Cards available each year. More Green Cards means FB gets to entice more new eager H-1B workers to come work for them.