I read that they are were only certain specialty jobs that the H1B was good for. How can a immagrant holding a H1B visa be a supervisor at a large factory were all of the rest of the supervisors barely have a high school diploma and none have a college degree.
Isn't this a illegal act for the company and the visa holder?
2007-03-24 17:21:58 · 4 answers · asked by Anonymous in Politics & Government ➔ Immigration
They have to show they 'tried' to get a US worker, usually this means publishing the job in a paper. If it is a paper not many read, well... you know....
In LA recently they arrested a guy for arranging a bunch of fraudulent H1b visas for people who never went to work for the companies in question. What got me was that some of them were for things like 'pizza chef'.
Yeah, ok. My 10 year old son is qualified for that one...
2007-03-24 17:33:51 · answer #1 · answered by DAR 7 · 0⤊ 0⤋
The rule is that the job needs to require a bachelor's degree. When the company filed the H-1B petition, they would have had to describe the job the USCIS. If what you say is true, they may have lied about the required qulifications of the job.
The visa holder him/herself was at fault, because they rarely have anything to do with the actual filing--in fact, they're not really supposed to do anything other than give their docs & info to the company and/or law firm preparing the petition. However, they may still be out of status and possibly subject to removal and/or barring. If they really had nothing to do with it, then a good lawyer could probably help defend them--it really probably is the company's fault.
2007-03-24 17:29:43 · answer #2 · answered by Qwyrx 6 · 0⤊ 0⤋
This is not illegal. The law states that if the company cannot find anyone in this country who can do the job, not yours. And if the guy doesn't have a high school diploma, so what. Is he less of a hard worker than you? You don't know and I don't know. The US has pretty lenient visa laws. Don't be disappointed this one didn't work in yours or your family members favor.
2007-03-24 17:30:14 · answer #3 · answered by apple juice 6 · 0⤊ 1⤋
You can go to this site and ask questions to get them answered by the people that know, and some you can look up and know the answers from the forms, or Q and As.
www.ice.gov/
www.uscis.gov/
2007-03-28 15:36:52 · answer #4 · answered by allen w 7 · 0⤊ 0⤋