This mainly applies to tech and lower management roles. If you're a U.S. citizen or permanent resident and an H-1B colleague in the same role wasn't laid off, you may be eligible for additional severance or have grounds for legal action due to policy violations.
All you need is your manager's / second line's hierarchical Organization chart screenshot. You can also have some proofs of screenshots from git repositories to prove you have checked in code as same level as the H-1b candidate or performed similar activity as H-1b candidate if management. Ensure you are not laidoff due to your performance ratings.
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H-1Bs are hired when companies like Oracle can't find a U.S. worker for the job. But if both a U.S. worker and an H-1B are doing the same thing — like code check-ins — it’s clear the H-1B role isn’t needed anymore.
It’s fine to work with H-1Bs unless they threaten our jobs. Ideally, if both are in the same role, the H-1B should be the first to go, but usually, it's the U.S. worker who gets cut.
@hn anything less than 10 years in US is a win for your litigation
the trick is finding out who on your team is H1B. would probably need legal assistance.
Indian with accent is almost guarantee.
You can doublecheck LinkedIn profile to verify they haven't worked in the US long enough to get green card.
the trick is finding out who on your team is H1B. would probably need legal assistance.
H1Bs who are friends and family hire are immune to these. Unlike other H1bs in the team who are abused along with the any US citizens left around still.
more details, please. like, what’s the legal basis for this? does it apply to all states?
H1b’s are controllable, can be threatened for work in the name of visa. They don’t demand for promotion or hikes and stay as is. They don’t take vacations often. Mostly bachelor or out of school. So little expenses. So simple low cost strategy. The poor guy has no other options. It’s all management tricks. It’s the management that needs lesson. If they retain H1B instead of US citizen they should be penalized heavily with high cost of severance for us citizens compared to H1B. Almost 3X. It’s easy to sue in court if you have proofs.
Folks continue to blatantly hire vulnerable laid off H1Bs from other companies especially on 60 day grace period who otherwise have to leave the country.
They will not hire a US citizen even if that person is better and for same\lower pay. The system is sc--wed. The reason hiring manager is more comfortable working with a H1B and not a US citizen is very obvious. 100% of new hires on a team that does low skill work for last 20 years have only hired H1Bs. There needs to be criminal penalties for violation of immigration laws for the hiring managers.
Yeah, unless the whole company goes under, you’ve still got a shot at getting your spot back if you're a U.S. citizen or a green card holder. And if you prep a little before a layoff, it’s pretty easy to spot any favoritism toward H-1B folks.
Good Luck - I obviously can't say what's going on in your case but the industry is against you when it comes to these situations. I have nothing against people trying to work and provide for their future but the laws are clear when it comes to these situations and it's proven over-n-over that these laws are ignored. The fact that these laws are violated so openly and without shame shows there's no fear of violating them.
Americans are encouraged to study for and pursue STEM positions - thus incurring a lot of debt - and then cannot find any positions and if they do, they're not long lived come layoffs. Unfortunately the monied elite care nothing about the impact this has to the nation as it's the destructive Private Equity mentality. Destroy anyone and anything for a profit. Sad, very sad. The industry needs to change.
Details? How?
more people need to come forth here on this issue