[ale] OT: H1B: PLEASE DISREGARD EARLIER POSTS

[George Carless]

On Thu, Dec 30, 2004 at 09:19:47AM -0500, Yu, Jerry wrote:
> I think Mr. Evans may be right on the point that by law, H1B shouldn't be
> hired if qualified Americans can be found and hired. If I recall correctly,
> H1B visa application is approved upon determination that there's no
> qualified citizen/PR could be found during recruiting process, and denied

This is, again, incorrect.  However, there *is* a burden upon the 
employer to demonstrate that the H1B visa holder is being paid at a 
comparable rate to other people for the same kind of work.  And, yes, 
it's three years, renewable for a further three.

Of course, all of this is somewhat moot when you consider that the same 
people who complain about foreigners 'taking their jobs' tend to think 
nothing of globalization as a rule, and would tend to hold that American 
companies have every right to move into foreign markets...

--George