Thread regarding Infosys layoffs

H1B - Golden rules for hiring

The H1B visa program is designed to bring skilled workers to the U.S., but the hiring process for these workers needs to be streamlined for efficiency and integrity.

  1. Verify Authenticity of H1B Candidates: Companies should ensure that H1B candidates are legitimate and not submitting fake resumes. If a company hires an invalid H1B candidate, they should face a penalty 10-25 times the cost of the visa.
  2. Education Verification: All education credentials should be verified with official transcripts, signed and stamped by accredited universities.
  3. Work Experience Proof: Candidates should provide valid documentation of their work experience, including W-2 forms or tax records, to verify the number of years worked at previous companies.
  4. Reevaluate H1B Jobs: H1B positions should be reassessed for their specialized nature every 3 to 5 years, with a new Labor Condition Application (LCA) required for renewal.
  5. Green Card for Experienced Workers: Workers with 10 to 12 years of U.S. experience on an H1B visa, along with U.S. equivalent education, should automatically be eligible for a Green Card.
  6. I-140 and Green Card Eligibility: Workers with 5 or more years of experience in the U.S. should be automatically approved for an I-140 petition and eligible for a Green Card.
  7. U.S. Educated Students: U.S.-educated students should earn additional points towards their Green Card application to compensate for up to 5-7 years of work experience.
  8. Specialized Skills Only: Common technologies like Java, C, and C++ (unless they involve advanced, cutting-edge libraries) should not be considered specialized skills for H1B. Only truly new or emerging or on-demand technologies should qualify.
  9. Hiring Limit for Special Workers: Companies should be limited to hiring no more than 20-25% of their workforce on H1B visas to ensure U.S. workers are prioritized.
  10. Layoff Rules: In cases of mass layoffs, U.S. citizens should be retained over H1B workers, unless there are specific performance issues with the U.S. citizen.
  11. H1B Spouse Employment: H1B spouses should not automatically be allowed to work. If they wish to work, they should apply for their own H1B visa.
  12. Cancel Invalid H1B Renewals: Any H1B hires or renewals that don't meet the requirements for specialized education or experience should be canceled during their next renewal or stamping.
  13. U.S. Education Certification: A certificate from a U.S. university should be considered as an added qualification when evaluating foreign education.
  14. Relevant Education for the Role: Workers should have a relevant educational background for the role they’re hired for. For example, finance roles should require finance degrees, tech roles should require tech degrees, and management roles should require a management background.
  15. H1B Workers in Management: H1B visa holders should not be placed in managerial roles unless they have management education from a U.S. institution.
  16. Skill Upgrades for H1B Workers: H1B visa holders should have the opportunity to upgrade their skills, and once they complete U.S. degrees, they should be able to adjust their status to pursue a Green Card.
  17. Language Skills Testing: Like in countries such as Canada, the UK, and Australia, H1B applicants should be tested for English or Spanish proficiency to ensure effective communication in the workplace.
  18. Stricter L-Visa Regulations: L-visas should have stricter rules and regulations, similar to H1B, but can be more flexible for non-U.S. educated workers. However, L-visa holders should no longer be eligible for a Green Card. Can be granted for 3-7 years and no renewals after that.
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