Comment by pandaman | Hacker News Reader

Comment by pandaman | Hacker News Reader

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EB2 requirements: BS or equivalent + 5 years of progressive experience. Or, alternatively, a very light version of EB-1 "exceptional ability" checklist. The fees are couple grand and the major expense is in interviewing and rejecting enough candidates to justify the need. You seem to be confusing it with EB-1.

While it's true these people already work there etc. etc. EB2, just like EB3, requires the DOL certification that "there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment". [1]

This sucks for firms like Apple because there are quite enough U.S. workers able, willing, qualified and available to take a whole bunch of jobs that are being held by a BS with 5 years of experience... Imagine you are an officer of the U.S. government and a lawyer from Apple sends you an application for a, for example, front end developer. Will you honestly believe that there are literally no U.S. workers able, willing, qualified and available to take such a job? At Apple no less. It's not "some folks won't take a job at Apple/FB/Google/etc for political reasons, so there!". It's literally a claim that there are no US citizens or LPRs who could do that job. How credible you'd think such a claim is?

1. https://www.dol.gov/agencies/eta/foreign-labor/programs/perm...

> It's literally a claim that there are no US citizens or LPRs who could do that job. How credible you'd think such a claim is?

Very credible, because people already employed don’t really count. It doesn’t matter at what company.

Imagine someone leaves whatever company they are at to take the role at Apple. Now the company the employee left has an opening that can’t be filled.

And that’s how it works. Otherwise there would be no need for immigration in this sector at all.

>Very credible, because people already employed don’t really count. It doesn’t matter at what company.

Why don't they count? Already employed people are recruited by Apple, I get spammed by Apple recruiters, I know a dozen of people who had been poached by Apple from various companies. Apple does hire people who are already employed, they pay quite a bit more so many employed people are looking if not for increased prestige then for increased TC.

>Imagine someone leaves whatever company they are at to take the role at Apple. Now the company the employee left has an opening that can’t be filled.

I am not sure I follow, this is obviously false on its face. Why exactly can not it be filled?

> Why exactly can not it be filled?

Because eventually you’ll run out of people that can be hired.

Unless you’re making an argument that there are more software developers than job openings in the US, which is patently false.

And more importantly, this case is more about people who were already employed at Apple, on a non-immigrant visa, that Apple wished to retain permanently. I see no actual wrongdoing here. A tried and tested employee is ALWAYS better than an unknown one.

>Because eventually you’ll run out of people that can be hired.

I am not sure I am following again. Have you worked anywhere at all or know anybody who worked somewhere? Ask them, the positions get filled, nobody runs out of people, and Apple is doubly so.

>Unless you’re making an argument that there are more software developers than job openings in the US, which is patently false.

No, I am making argument that there are able, qualified and willing US software developers, or any other professionals, available to take any job at Apple.

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