To: tony who wrote (7902 ) 1/6/2003 12:20:11 PM From: Doughboy Read Replies (3) | Respond to of 306849 My point is a) Firing citizen and keeping H1-B b) Placing false ads for jobs when it is cover up for H1-B, green card process c) I think sometimes in late 2002 H1-B hiring finally stopped otherwise H1-B were preferred over citizens. I don't agree that (a) happens, at least not systematically. Employers were desperate for IT workers of all types in the 1990s; retaining employees was the goal, no matter what type. I agree that (b) happens, but it's more of a game that the federal govt has set up where there is a wink-wink between the employer and the INS. In flush times, this system works because the H1-B job is listed at a lower salary than what most Americans were willing to take. So there was actually no American worker willing and able to take the job. In a balanced job market as we have now, it's a tougher issue, and certainly at the margins there appear to be conflicts. The fact is that people are not fungible; you can always justify hiring one person over another person on the grounds that the citizen did not have the same skill set as the H1-B. But think about it from the employer perspective: you already have an H1-B probationary employee in place able to do the work. Would you hire a person who answered a classified ad who says that they can do the work or the one who is actually doing it. I think a rational employer would always go for the one in the hand rather than the one in the bush. As for (c), I'm not sure that there is a true H1-B preference. There is certainly a preference of employers for a lower wage, higher loyalty employee. A rational employer looks at the fact that it can hire a citizen employee with better english skills (usually) and higher upside in management, or it can hire a lower wage, higher loyalty H1-B. (The higher loyalty comes from the fact that the H1-B has to stay with the job until obtaining a green card or finding another employer willing to sponsor. When you get an H1-B or some other non-resident employee, you are ensured that they won't leave after a year or two). I think employers will take the H1-B every time--not because they prefer immigrants, but because they are getting an equal employee at a lower cost. This is not discrimination or illegal or whatever, it's just how the job market works.