Corporations are trying to hide job openings from US citizens
237 comments
·September 12, 20251024core
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pandaman
Can you expand how exactly this particular problem (advertising jobs for PERM to comply with the law yet making sure that no applications will be received) can be fixed with a different order of issuing H-1B visas?
PERM has nothing to do with H-1B, it's a part of the employment-based immigration process. The reason companies do this shit is because they claim to the US that there are no willing and able citizens or permanent residents for a commodity job such as "front end" or "project management". I.e. committing fraud.
yunyu
Prevents infosys/wipro slop from overwhelming the system, and filters down the incoming roles to only those that can't be filled by a US citizen (i.e. specialist technical jobs, top engineers commanding $500k/yr)
kccqzy
The lure of H-1B is not really the money savings. Go look at the graduating class of computer science students at large universities. A large fraction are international students. Universities thrive on them since they pay the most tuition and are generally not allowed any financial aid. Companies want to hire them in addition to U.S. citizens. That's it. No Silicon Valley company that I know of pays H-1B and citizens different wages on that basis.
The difficulty of switching jobs on H1-B has always been a myth. Voluntary job switches are just as easy as U.S. citizens. You just line up things well without the possibility of taking a long break in between jobs. Dealing with unexpected job terminations (fired or laid off) is the problem.
willmadden
Econ 101: increased supply lowers prices (wages).
echelon
> Voluntary job switches are just as easy as U.S. citizens.
Then why did my wife's friends that lost their H-1B jobs have to leave America?
American citizens don't face deportation with job loss.
Also, as a US citizen, I'm free to quit my job anytime I want. If I don't like putting up with my job because of some bullshit my employer pulls, I can easily leave. That is absolutely not the case for sponsored workers.
H-1B workers are stressed out and paranoid about their employment. They'll put up with far more, for far longer, with less compensation.
nyolfen
> No Silicon Valley company that I know of pays H-1B and citizens different wages on that basis.
larger pool means lower wages. this is so fundamental and obvious that it feels like i'm being gaslit when i see shit like this.
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dgfitz
> Companies want to hire them in addition to U.S. citizens. That's it.
As opposed to the rest of the graduating class that is already considered a legal citizen?
Your logic doesn’t make sense. “In addition to every option available that doesn’t have additional legal framework attached, these specific people are also desirable.”
Why?
kccqzy
In addition to the U.S. citizens in that graduating class.
Basically large tech companies want to hire whomever passes their interviews, regardless of whether they are citizens or not. The hiring process is intentionally blind on their immigration status.
Small companies will ask you in the application form "will you now or in the future require sponsorship to work in the U.S." and larger companies simply don't ask.
back2dafucha
Old news. This has been going on for decades. If you even look badly on youtube you will find corporate videos from "HR Consultants" teaching companies how to bury job listings so noone will be likely to find them.
Your country sold you down the river 30 years ago.
epolanski
> Your country sold you down the river 30 years ago.
Jm2c but I think the harsh truth is that US while having a decently sized population of good software engineers, it is still nowhere near the required amount.
Thus, many companies would rather give 150/200k to someone who's actually good at it and will be impressed by that money rather than some half assed US graduate who only went into SE because he wanted a cushy well paying job.
pempem
We could also give them a clear, short path to citizenship if we didn't have enough. Instead we do our best to keep it as chaotic as possible so that those SWE we need can't push for 175/225k
486sx33
[dead]
chickenzzzzu
How about we stop centralizing tech talent around 7 big companies that hire H1Bs, and instead let all companies engage in international (and domestic) exchanges of labor and services? Aka, all software engineers now self organize into small groups funded by independent contracts from larger companies.
This solves many, many problems, including where should laborers live, fairness in interviews, etc.
cj
For those curious, a common method is to publish the job listing in the newspaper classifieds.
This is what my old employer did to sponsor the visa for the company’s CTO.
Newspapers are used for a surprising number of various public announcements. E.g. in New York you must publish a notice in a newspaper for 6 weeks (or something like that) when establishing a LLC.
There’s something to be said for reading the paper even in 2025! Although I suppose the notices are probably also online..
lazide
Usually it’s a newspaper in the middle of nowhere too, in fine print, in the classifieds.
LadyCailin
A newspaper of record is in theory something you are “supposed” to continually read, but it’s kind of like saying you’re “supposed” to know all the laws of the land. While probably true, no one actually can or would do that.
buckle8017
The thing this article didn't mention and the author likely doesn't know is that there's a guide going around instructing people on how to apply for H1B jobs on forums like 4chan.
exhilaration
I've got out of work friends that would love to see this guide. Please share.
PyWoody
Job Listing Site Highlighting H-1B Positions So Americans Can Apply - https://news.ycombinator.com/item?id=44892321 - August 2025 (108 comments)
kccqzy
This is unlikely to be of use to your friends. Companies hide these job openings because they aren't real: they are filled by a real person right now. If someone applies, they won't be hired because there's no extra headcount. They will just be rejected after a resume review. Companies usually don't even extend interviews to such candidates. Applying only delays the green card process of a foreigner since they will need to rewrite a job description to be even more tailored to that already employed person.
mirrorsaurus
[flagged]
tomhow
You can't comment like this on Hacker News. Please avoid flamebait and slurs against groups of people. The guidelines make it clear we expect much better than this here.
alephnerd
[flagged]
tomhow
Please don't post in an inflammatory style or make swipes at the HN community. We don't know what "a large portion of HNers" think about any topic. Controversial topics bring out the people who feel the strongest about that topic, but the people commenting are only a tiny share of the whole community. Your point about the different reactions people have to different kinds of immigration controversies is valid, but topics like this need to be discussed with sensitivity.
Please take care to observe the guidelines when commenting here, especially these ones:
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cowsandmilk
The immigration raid and what was happening at these plants is 100% different…not sure how you can even pretend they are the same. The system they are discussing is one where you’ve already been in the US legally for 6 years.
throwmeaway222
I'm Indian so I can be excused for this,
but there is a MASSIVE number of execs -> hiring managers that are Indian and focus primarily on hiring only other Indians. It's extremely racist.
nostrademons
I've noticed this as well, but see it mostly as "A players hire other A players, B players hire C players". The top tier of Indian execs/management that I've met will hire diverse teams, just like the top tier of every other ethnicity will as well. There's simply not enough people at the top to put a racial/ethnic/caste filter on it. But then once you get down to the second tier, people will happily hire people like themselves, because at that level you're hiring on vibes rather than data and similar people give you fuzzy comfortable vibes.
Unfortunately most Fortune 500 companies are in the hands of B players now, and it goes all the way up, with the government (multiple governments, really) being in the hands of B/C players. The A players are happily retired and pulling strings in the background with their 501(c)4s.
mjcohen
The government is in the hands of D&F players.
cyanydeez
Only because the politics of most common idiot id the cheapest for monied interests to manufacture.
Business is much worse at the same scale.
Infact, you probably cant find any org at large scale that functions in rational, logic driven capacity.
So theres just a bogeyman, not a useful critique of government.
fijiaarone
That’s extremely racist to assume that Indian execs are all D tier or worse.
gp90
> It's extremely racist
I'm not sure if the motive behind such behavior is racism. Instead, I think it's more likely the power play. That is, they would pick the population that is the easiest to command and to push them up the corporate ladder.
giancarlostoro
If the process becomes magically racist when everyone involved is white, but the only difference is another race or ethnicity, then its still racism.
cess11
The -ism suffix implies it's about a systemic hierarchy. Are you implying that power in the US is systemically, structurally, in the hands of "indians" and that this is reflected in and reproduced by the dominant social ideology?
mrtesthah
White people are fully in control of the government at all levels, as well as the economy, in this country. This power dynamic makes the difference between an act of discrimination vs one of racism.
dexwiz
I made the mistake once of insinuating the reason no else was complaining about current conditions was that everyone else was on a visa. That was pretty much the end of my job there. Which only made me more confident in my opinion in the end.
decimalenough
Yup. You see this when any org hires a top exec externally: they bring their trusted lieutenants/golf buddies and push out the old brass, and then this repeats down the chain when these hires do the same.
Unsurprisingly, an Indian exec's trusted lieutenants and golf buddies will also be Indian, likely from the same university, caste, etc. They will not be hiring random people just because they happen to be Indian; if anything, there's been plenty of lawsuits over Indians of the "wrong" caste, language group etc getting pushed out.
pclmulqdq
In other words, it's racism. Hiring your in-group because you have power within your in-group is racism.
gp90
How do we draw the line between whatever -ism and Bayesian inferences? You are seasoned manager for years, you found that your fellow countrymen are much more likely to follow your leadership style than any other group of different cultural background. Let's say it's a fact that you identified through years of trial and error. Based on this fact, you decide to hire only certain groups. How is this racism? How is this different from a university has a college list. Any graduate who does not graduate from the list will not have an interview with your company -- It's super narrow minded and it can considered discrimination, but is that some kind of -ism?
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relaxing
My brother in Vishnu what do you think racism is
silentsea90
There are also Indians who loathe being on such teams and actively seek diverse meritocratic teams, as one of those Indians.
rootusrootus
I have seen this myself. I have also experienced more than a few Indian colleagues who were far more critical of Indians in management than the rest of us were. I feel like there is an extra layer of dynamics that just isn't apparent if you are not accustomed to seeing it.
teachrdan
Out of curiosity, do they favor hiring Indians in general, or Hindu Indians in particular. (To the exclusion of Muslim Indians)
zdragnar
It's been awhile since I've seen it, but there was a very brief and small wave of articles perhaps a few years back claiming a lot of Indians in the US were still facing caste-based discrimination (by skin color, name or something else, I'm not sure) by other Indian managers and execs.
JumpCrisscross
Newsom vetoed the ban [1]. A pair of professors are having a bad time trying to got CSU’s ban on caste-based discrimination thrown out on the grounds of being religiously discriminatory [2].
[1] https://www.cnn.com/2023/10/09/us/california-caste-discrimin...
[2] https://law.justia.com/cases/federal/appellate-courts/ca9/23...
ivewonyoung
> but there was a very brief and small wave of articles perhaps a few years back claiming a lot of Indians in the US were still facing caste-based discrimination
Those articles based on a lawsuit were very heavily promoted on HN, however the complaint was by a single disgruntled employee who just happened to invoke the caste card and the suit was thrown out by the court.
The California DoJ failed to do basic due diligence before filing the lawsuit to the extent that the defendants filed a civil suit saying they were being discriminated against because of their race by the CA DoJ. Of course, these followups never got any traction on HN, because they didn't fit the narrative.
And now there are so many people, especially on HN and other developer forums that are utterly convinced caste based discrimination is very prevalent.
SilverElfin
In the end nothing came of those allegations. There was no evidence of it. Lawmakers, who seem to have an anti Indian bias, pushed legislation banning something that wasn’t happening. It seemed to really just be a way to harass Indians or their religion, which is why it got vetoed I think.
polotics
funny question, I believe we're more precisely talking about Brahmin "upper" caste hiring only from their caste. Muslims don't even come into the picture...
srameshc
I don't think so. I feel Indian managers have a tendency to hire anyone else but Indians. If they have to favor Hindu, Brahmin, Muslim is very subjective, depending on that person's background, but I would say very rare. If they really have a prefrence, it will be "the connect", like if they both can connect based on region (ex: Delhi or that region) but very few Indians of current generation would care about caste or religion.
JumpCrisscross
> I feel Indian managers have a tendency to hire anyone else but Indians
I'd guess this varies massively depending on whether the hiring manager and the people they're hiring are H1-Bs.
throwmeaway222
that is definitely part of it
mystraline
Yep. And caste based discrimination is legal in the USA. Its not a protected EEOC class, as much as that doesn't matter in our legal environment.
So yeah, you can discriminate against Dalits, and hire predominantly Brahmins.
SilverElfin
What’s the evidence? I remember seeing allegations but all the court cases resulted in nothing, because there was no evidence of such discrimination.
silverquiet
Most people (regardless of race) prefer to hire from within their network. It makes sense that Indians' networks would consist of other Indians.
SilverElfin
I wouldn’t say it’s people ‘preferring’ it. The fact is, finding people that are competent enough to be hired is easier through referrals than other ways. And if you are receiving referrals, why wouldn’t you put them through the hiring process to see if they’re talented enough to hire? Rejecting those because they share the same race as the hiring manager is itself racist (since it would be taking race/ethnicity as a factor). In most big companies the hiring process has enough checks and balances to prevent nepotistic hires anyways (for example hiring panels or bar raisers or whatever).
ajross
Yeah, "racist" seems to fail the Occam test here. But at the same time that makes it clear that the now-suddenly-unpopular opinion is also wrong. Diversity takes work, and companies need to guard against this kind of decisionmaking. "DEI" protects the native-born too!
JumpCrisscross
> ”racist" seems to fail the Occam test here
The word has lost meaning due to semantic overinclusivity.
By the Civil Rights era definitions, the process is racist. The people may not be. The process explicitly favours Indians. This isn’t some statistical mumbo-jumbo anti-racism construct, it’s the clear intent of the people involved and a clear effect of their actions.
What we can’t conclude from this is if the people involved think Indians are superior (versus just familiar).
zdragnar
DEI arose to public consciousness around the same time that "whiteness" was often used as a synonym for bigotry and privilege. So long as academic circles (and those who come from them, such as the people now in HR departments) believe that having white skin is a sin, DEI will never be D, E or I.
The three words themselves are nice and generally good things to believe in, but the packaging philosophy it is wrapped up in is poisonous.
ares623
This is why DEI is so important. It’s a blunt tool, but still a tool, to short circuit the basic human desire to be within their network.
pessimizer
That's not what DEI does in practice. When you move away from merit hiring, you just end up hiring the minorities in your social network. Who, if they're from an "underprivileged" group, are usually even more privileged within that group than you are in yours, or else they wouldn't have met you.
i.e. you're in the top 20% of white people hiring from the top 1% of black people.
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toss1
It is not just racist, it also allows all kinds of exploitation and unethical practices.
I briefly worked for one such CEO in a major tech city. Core of Indian H1-B staff coders and about same amount of US white staff in both coding, customer-facing, and administrative roles. A lot of hiring was done rapidly. After less than six months the staff discovered the product being sold was basically a fraud (think summarization & classification of emails that could be handled by ChatGPT today, but back in early 2000s, the work was actually secretly being transmitted to staff in India every night, not the "AI" claimed). Of course, that was just one of the many layers of fractal dishonesty about that CEO and company.
So, within a few weeks the entire white staff quit. During the process of organizing to quit, we also found out we were at least the third wave of [all the white staff quitting]. Of course, through all of these waves of quitting all the H1-Bs stayed, because they had no choice.
Ironically, if it had been packaged honestly, it could have been a valuable and profitable service, but that wouldn't have been sellable to VCs (who were also being scammed).
So yes, cheaper, fully compliant with fraudulent practices, and racist to boot. A toxic brew.
araes
Thanks, was actually my main question on reading the article. "Why go to all that effort if an American will accept the job for the same pay and you don't have to deal with sponsorship?" This seems like one of the most likely reasons. Racism's been mentioned, yet leverage over employees who have very little other alternative seems somewhat more likely. American's will just leave and go look for another job. Probably much larger chance of having them lateral to a different company also.
fmajid in another thread had a similar paraphrase
> H1-B holders have to find a new employer within 2 weeks or lose their visa, the threat of firing is the same thing as deportation, making for a form of indentured servitude.
It's probably greater difficultly to lateral also, since then there's another company talking with the government about sponsorship on somebody you're already sponsoring. A lot of banks and financials already have standing threats to fire anybody they even find looking around.
deadbabe
Do you see them selectively picking based on the caste of the Indian?
whatever1
For some visa types, companies are obligated to prove that they advertised the position to American citizens. Failed, hence they needed the foreigner.
This is a huge dealbreaker for campus hires, and specifically masters/PhDs who are, well, by definition, specialized in their field and hence very rare.
So you recruit at her graduation the girl who has done groundbreaking research in deep neural nets and is the key to one of your big projects. She happens to be non-American (because the majority of postgraduates are non-Americans).
Now what? You know that there is nobody else on the planet that has done this research, yet you have to start recruiting for this position for Americans.
What is the incentive you have as a company to pour a ton of resources on this effort? Recruiting is very expensive. Time is also very expensive when you are at the forefront of innovation.
legitster
So I was at a company that did this a lot - it was much less nefarious than on the surface.
It was usually related to them recruiting a certain specialist or acquiring a team at another company. But the only way to get these people visas was to post the jobs publicly and hide them as much as possible. They did this by the hundreds, and it wasn't really a cost saving measure - if you are trying to get anybody in particular from Microsoft or Amazon and they are already here on a Visa, you have to go through the process all over again to sponsor them.
So it was less about racism and more about hoops to jump through to hire someone that you have already basically hired. If you've ever had experience with how a government RFP works, maybe don't throw rocks from glass houses.
Is it unfair? Maybe. But in my opinion anything is fairer than our country's evil immigration requirements.
missingcolours
As I understand it, the issue is that the official pathway to hire a permanent foreign worker (PERM status) is very long (18 months+), and most companies don't want to start a process in hopes of hiring someone in a year or more. H1B offers a shortcut, where they can be brought in on a temporary permit, then apply for PERM status. But PERM status requires a bona fide search for American workers; using the H1B shortcut legally would require an awkward job search where you already have an employee in the role, and if an applicant is found the current employee not only loses their job but has to literally leave the country. So instead of getting into that awkward situation, employers are faking the "bona fide search" requirement and trying to hand the green card status directly to the H1B even when Americans are available that could do that job.
That said... there is still the question of why companies choose to go down this road instead of simply hiring Americans. We can speculate about their intentions (cost saving via lower wages, employees willing to work more hours and under worse conditions, racism, etc) but it's unlikely that they're violating federal law just for fun. This is a lot of hoops to jump through and risk to take on without a compelling reason to do so.
Aeolun
Isn’t it funny that in the past the only thing you had to do was simply show up?
ethanwillis
"The "hacker ethos" seems to be in decline, for any number of interconnected reasons"
cjbgkagh
Instead of having job openings posted by those who don't want them found what if people posted willingness to work, perhaps in some sort of registry. That way a company would have to prove that none of the people willing to work are qualified. I'm sure many qualified people would be open to moving.
klipklop
To anybody playing attention it's very clear SV tech vastly prefers to import foreign labor rather than hire local. It has been this way for multiple decades now (and gets worse every year.) I don't see this changing any time soon. Sure they get the occasional slap on the wrist, but the wage suppression saves them way more money over time.
yodsanklai
> vastly prefers to import foreign labor rather than hire local
Salaries are extremely high in SV, why would they bother hiring foreigners if they can find good candidates locally?
I work in a big US tech company, and I do interview lots of candidates. Most of them graduated outside of the US. I can't believe that leadership would go to such great lengths to avoid local candidate. I think there are just not enough qualified applicants.
thatfrenchguy
Nope, Infosys and friends aside, in SV companies would rather hire green card holders and US citizens because you have to sponsor the H1B/park and get a L-1, and sponsor the green card process. You just can’t ignore foreign talent, otherwise you’ll miss out on an incredible number of good employees
surgical_fire
> the wage suppression
Do immigrants earn less than locals?
My impression is that the salary is similar. I am not in the US, but I rejected job offers from across the pond in the past and the salary seemed to be on the level with what I know is paid in the US for that position.
My guess is that what they like in H1B workers is that they are sort of stuck with that employer, as changing jobs under such a Visa can be tricky no?
fmajid
Yes, but because the H1-B holders have to find a new employer within 2 weeks or lose their visa, the threat of firing is the same thing as deportation, making for a form of indentured servitude. That forced loyalty, more than the salary, is the real draw.
etblg
It's 60 days, not 2 weeks, and you can transfer an H1B over to a new job within that 60 days, or if you know you're going to be terminated (e.g. you're on a PIP) then you can transfer the H1B to a new employer anyway.
Wouldn't say it's necessarily easy to do so, but it's not an automatic deported from the country kind of deal.
savorypiano
This is the wrong logic. Immigrants can make exactly the same as natives and still suppress wages.
Fundamentally how prices are set is someone sets a price, and if there are no takers they change the price. If a company offers a salary, and they bring in an H1-B to fill the role, they don't have to raise the salary. Over time it suppresses the wage.
cortesoft
If that was the case, why would they have to hide the job offer? If no American citizen is going to take the job at the lower pay, there is no need to hide the offer from them. If they are going to take the lower pay, there is no advantage to hire an H1-B.
hyperpape
This assumes that the number of jobs in the US is magically fixed.
The thing is that all these mega-corporations have offices across the world, but currently want to hire in the US. You and I want our personal jobs to be expensive, but we don't want the prospect of hiring us where we live to be too expensive. And even aside from cost, you also don't want them to say "there's not enough employees there, it's not worth hiring."[0]
[0] I'm technically no longer living in the US, but I was until recently.
desolate_muffin
I don't think wages are suppressed because immigrant tech workers make less money. Instead, It seems like the effect of the dramatically increased supply of workers would dominate, effectively lowering wages; i.e., you can pay less money for a job the more workers there are to take the job.
tstrimple
If you look at the total cost of an employee and not just an annual salary, then the fact that they have far less mobility makes them cheaper. Why hire the person who will bail when you mistreat them so you have to spend all that time and money finding someone new when you can have someone who risks deportation if they decide they are done with your bullshit.
I could afford to spend the next six months out of work looking for a replacement job. No one on an H1B can because they would be in violation of their visa. They will tolerate far more nonsense than I will.
antisthenes
It's just outsourcing training/education (again, the first wave already happened circa 2009-2013).
notmyjob
It’s not just that. It is also that people will do unsafe and unethical things to avoid being sent (back) to India. If it were only outsourcing it wouldn’t be dominated by Indians.
franktankbank
Bingo.
joshcsimmons
So grateful to see this being picked up by mainstream news outlets. Anecdotally I know quite a few engineers with experience ranging from small startup to long FAANG tenures that cannot even get an interview. It makes no sense to source outside of the US when qualified American workers cannot get jobs. At some point that became a radical stance and I'm sure I'll be flamed for it here.
robotnikman
>It makes no sense to source outside of the US when qualified American workers cannot get jobs.
This. It's getting to a boiling point now with so many people out of work who are more than qualified for these jobs being shunned from them, and now they are fighting back. I'm sure there are many here who work in tech that can relate who have gone through hundreds, possibly thousands, of applications and not hearing anything back.
Spooky23
Then work for a body shop for 1/4 the billing rate in Arizona, Lansing or whatever. You can get a better gig at Burger King.
There’s two ends to this market, the super smart people and the super dumb jobs. The volume is in people slinging COBOL, J2EE or whatever for awful wages.
The reality is the H1B in the dumb categories are keeping jobs onshore. Nobody is paying 2x for the work… the alternative is shipping everything, including the “better IT” and administrative jobs offshore.
downrightmike
Outsourcing needs to be eliminated. If the company is doing 20% of their business in Ohio, 20% of their workforce needs to be in Ohio. 12% in NY State, 12% of the workers need to be in NY State etc.
To your point, the sense is that diploma mills exist and the corporations mostly want bodies to work 20 hours a day and indentured servitude is what they want most. That 25% tax on international workers is nothing. It will be gamed like the tax code.
If we want to fix things, the Double Dutch/Irish/ Shell companies need to be eliminated. Stock buy backs also need to be eliminated. There is no reason for it to be allowed, it is direct manipulation.
When Corps have to pay their fair share, they'll invest in people as a expense and write it off. Which is what they were doing before tax evasion, outsourcing, and the shell game.
Eliminate the tax evasion and punish corps with fines until they are above board.
franktankbank
I have no problem with giving the job to someone overseas but they can do that on their home turf.
ortusdux
Reminds me of the shenanigans you see when a govt job is required to be posted for open bid, but the dept already has an internal hire lined up.
potatototoo99
I see everyone is for maximizing shareholder value until they are reminded they are workers first.
TriangleEdge
From experience: big tech has to post jobs to US citizens before it can hire on a visa or sponsor a green card. So the trick is to put an ad in a physical news paper and present that as evidence.
OsrsNeedsf2P
> According to the Justice Department, the companies absurdly required applicants to submit applications by mail [...] How many 20-something software engineers even know how to use a post office in 2025?
I always wondered how they made sure no one applied to the position they wanted the H1B to fill
A lot of these problems could be solved if H1-B's were given out in order of salary (I think there's such a proposal going around recently). And by that I mean: something like a Dutch auction. Give H1-Bs to the top 85K paying jobs (maybe normalized to SoL in the region, I'm sure the BLS has some idea on how to do it).
The lure of H1-Bs is the money savings, and the fact that if you're on an H1-B, you're practically an indentured servant (Yes, things have changed recently and it is easier on paper to switch jobs while on H1-B). It used to be that if you lost your job as an H1-B, you had 30 days to uproot your life and get out of the US otherwise you'd be in violation of immigration laws.