Admitting The Goal is to Not Hire An American
Look, if you can't find an American to do a job, there's nothing wrong with hiring a foreigner. Many years ago, I was trying to hire software engineers in Silicon Valley, and I ended up hiring a South African through an H-1B visa, because we literally could not find an American. It wasn't even a matter of salary--there was just no one available.
To get Department of Labor approval to hire that South African, we had to run ads to demonstrate that we couldn't find an American. We weren't gaming the system; we did exactly what we were supposed to do, and if we had found even a minimally qualified U.S. citizen or permanent resident, we would have hired that applicant instead, because it would have been faster and less expensive. We tried; we failed. Like many people who come to America with nothing, within ten years he was independently wealthy.
Over here is a video showing an immigration lawyer explaining how to go through the process, and admitting that the goal of how and where they place ads is to not hire an American, but to hire a foreigner.
I am sympathetic to companies that are having trouble hiring people--but there's not a shortage of skilled workers in the U.S. Pretending otherwise is dishonest.
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