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Questions about proposals by some candidates

Questions about proposals by some candidates

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Old Nov 19th 2015, 12:04 pm
  #16  
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Default Re: Questions about proposals by some candidates

And what about the advertising on newspaper and job agencies? In order to prove no USC citizens available and then to get the certification from Labor?So the dept of labor does not really enforce? And what about the consulate interview? The officer may raise questions about the constistency, or lack thereof, of the job in relation with the candidate?
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Old Nov 19th 2015, 2:29 pm
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Default Re: Questions about proposals by some candidates

Originally Posted by Ricky_85
And what about the advertising on newspaper and job agencies? In order to prove no USC citizens available and then to get the certification from Labor?So the dept of labor does not really enforce? And what about the consulate interview? The officer may raise questions about the constistency, or lack thereof, of the job in relation with the candidate?
I don't quite see your point.

The job description gets worded in such a way that the desired candidate is practically the only person in the world who could do the job (but not too blatantly) then lo and behold, no USC can be found who fits the bill.

Obviously it's a matter of degree, someone with quite rare skills is going to be a lot easier to get a visa for. But I'd be prepared to bet that virtually every employment based visa has an element of tailoring gone into it.
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Old Nov 19th 2015, 3:50 pm
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Default Re: Questions about proposals by some candidates

Originally Posted by fozzyb
I don't quite see your point.

The job description gets worded in such a way that the desired candidate is practically the only person in the world who could do the job (but not too blatantly) then lo and behold, no USC can be found who fits the bill.

Obviously it's a matter of degree, someone with quite rare skills is going to be a lot easier to get a visa for. But I'd be prepared to bet that virtually every employment based visa has an element of tailoring gone into it.
Exactly, it is a game. Only in very exceptional cases would a USC not be qualified. If I remember PERM is just required for moving from an H visa to green card so the person is generally already doing job that is being advertised. If you tailor the qualifications and experience you get through PERM.
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Old Nov 19th 2015, 5:00 pm
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Default Re: Questions about proposals by some candidates

Well, I was sure that passing PERM, so with employment-based visas, is more difficult. They are very scrupulous. For example, they make sure that the job requirement is not 'unduly restrictive'.

Bottom of line. What I really don't understand, based on what I sometime hear on the forum and from people I personally know who can partially play the system.

Is it so easy to get a visa and go to the US legally? Are all these written rules (by Labor, DHS, USCIS etc) not enforced and are the officers at the consulate so naive?

I really don't understand either it's easy or not to get a work visa.
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Old Nov 19th 2015, 6:50 pm
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Default Re: Questions about proposals by some candidates

Originally Posted by Ricky_85
Is it so easy to get a visa and go to the US legally? Are all these written rules (by Labor, DHS, USCIS etc) not enforced and are the officers at the consulate so naive?

I really don't understand either it's easy or not to get a work visa.
Politics. Who do you think wrote the rules? It wasn't someone in USCIS or DHS. Lobbying firms write legislation these days. Large envelopes of cash are left on a table with some suggested wording of a bill, the lobbyist turns his back and envelope disappears and the politician says "I'll see what I can do".
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Old Nov 19th 2015, 8:11 pm
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Default Re: Questions about proposals by some candidates

Originally Posted by Ricky_85
Well, I was sure that passing PERM, so with employment-based visas, is more difficult. They are very scrupulous. For example, they make sure that the job requirement is not 'unduly restrictive'.

Bottom of line. What I really don't understand, based on what I sometime hear on the forum and from people I personally know who can partially play the system.

Is it so easy to get a visa and go to the US legally? Are all these written rules (by Labor, DHS, USCIS etc) not enforced and are the officers at the consulate so naive?

I really don't understand either it's easy or not to get a work visa.
Honestly I think they actually have the system about right (*). For most "reasonable" candidates it is possible for an employer to get a visa - but it takes a fair amount of effort and $$$. SO there is a strong incentive for an employer to hire a USC where possible, but if they can't easily get someone local then it is not inordinately difficult to get people from overseas. And the more clearly specialized a job is the easier things tend to progress through PERM.


(*) and I'm probably a bit biased as I had to leave the country as I couldn't get a greencard...
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Old Nov 19th 2015, 9:15 pm
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Default Re: Questions about proposals by some candidates

I think the whole VWP question as an election gambit is sounding less likely as the days go by.

The House of Representatives has just voted to restrict Iraqi and Syrian refugees who have to go through a two year vetting process and the same congressmen, not necessarily Presidential candidates, are now ramping up support for ditching the Visa Waiver Program.
That'd be flippin' typical if it gets support, as I've just stumped up for my daughter to come visit us in February using the VWP
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Old Nov 19th 2015, 9:47 pm
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Default Re: Questions about proposals by some candidates

I'm guessing the airlines, and lots of tourist infrastructure in FL, would be gutted if the VWP was done away with!
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Old Nov 20th 2015, 9:05 am
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Default Re: Questions about proposals by some candidates

The demographics of those eligible to use the VWP have changed and will no doubt change more.
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Old Nov 20th 2015, 8:01 pm
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Default Re: Questions about proposals by some candidates

To answer the H1-B visa question being USC first...

""federal law requires global companies employing large numbers of H-1B workers to sign a declaration saying they will not displace Americans. But there is a loophole: An exemption in the fine print cancels that requirement if employers pay H-1B workers at least $60,000 a year". From a great piece in http://www.nytimes.com/2015/11/11/us...-the-cold.html
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Old Nov 21st 2015, 4:02 am
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Default Re: Questions about proposals by some candidates

Sinema, Salmon Introduce Legislation to Strengthen Visa Waiver Program - Press Releases - News - U.S. Congresswoman Kyrsten Sinema

Sad to say Sinema is my representative and I voted for her. Her record since taking office has been terrible with votes against the ACA amongst others. Now voting against letting in Syrian refugees and this vwp bill. She has lost my vote.

Nearly one-third of all temporary visitors to the United States each year are VWP travelers. These visitors are permitted to enter our borders without first obtaining a visa from an American consulate in their countries of origin. The legislation suspends the visa waiver program for individuals who have traveled in the last five years to a country designated as a state sponsor of terror (Iran, Sudan, Syria), or to a specified list of countries with active global terror networks (Afghanistan, Egypt, Iraq, Libya, Yemen, Somalia, Nigeria). The bill also allows the Secretary of State to add additional countries if there is a known threat.
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Old Nov 22nd 2015, 8:42 am
  #27  
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Default Re: Questions about proposals by some candidates

Originally Posted by fozzyb
Honestly I think they actually have the system about right (*). For most "reasonable" candidates it is possible for an employer to get a visa - but it takes a fair amount of effort and $$$. SO there is a strong incentive for an employer to hire a USC where possible, but if they can't easily get someone local then it is not inordinately difficult to get people from overseas. And the more clearly specialized a job is the easier things tend to progress through PERM.


(*) and I'm probably a bit biased as I had to leave the country as I couldn't get a greencard...
In fact 'the more specialized the easier'...yes.
But if someone has a bachelor's degree and master's degree, but in languages and liberal arts, that becomes more difficult, I guess.
H1B might be easily given away to those who excel at IT, Medical, Engineering, etc.
Especially because, as it is stated, the job must match your field of study.
Or is it just another 'word'?

Plus i read the recently, for example in india, the rejection rate for H1b visa is almost 40 per cent. So probably it's not as easy as it seems...

Last edited by Ricky_85; Nov 22nd 2015 at 9:04 am.
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