The way this article is written though makes it appear like a domestic vs foreign worker issue. You can just look at all the comments here shitting on foreign workers.

An employer only posting jobs internally is definitely against the law so the entire focus here should be on

1. Employers doing illegal shit
2. USCIS rules that make it possible for this exploitation to occur - through role responsibility misrepresentations, starting a ticking clock of 60 days for laid off H1B workers to find a new job, and not allowing them to start their own businesses (unless ofc you have daddy’s money to lie on your visa applications).

It’s not about the 100k number. That’s just to say that we are not talking about minimum wage level salaries here. H1B requirements are very strict about equivalent pay for domestic and foreign workers. In my career, I have never been in a situation where at the same title, role responsibilities, and company tenure, there were significant differences in salary levels.

This is 100% about employers laying off workers

• hired at much higher salaries than the minimum (like 500k TC for a minimum 180k role) when the job market was competitive and now lowering them because the market has tilted to be employer friendly.
• releasing unvested stock from experienced employees so they can grant much lower stocks to new employees.

It affects both US and domestic workers equally.

However it is the case that H1B workers have no other choice but to find themselves in these exploitative situations since they were also included in earlier layoffs and now have a clock ticking for them to leave the country in 60 days or find a new job. While domestic workers can spend more time exploring options or even starting their own businesses, which is an option not available to H1B workers.

Ultimately, it’s misguided to make this a domestic vs foreign worker issue when it’s the employers who are being exploitative and taking advantage of the situation because they can.

I would love to see a source of this claim from the article for high skilled jobs. The H1B application requirements are so strict that you cannot hire them at lower wages than US workers.

This has more to do with replacing experienced workers in “senior roles” with new workers in “junior roles”, except with the same role expectations.

But yes, it is the case that H1B holders are more willing to be knowingly exploited to work in junior roles and lower salaries despite being fully aware of the shitty company practices. They are simply trying to live in a country they moved to legally, often studied in universities here, were included in the same layoffs, have to pay off the same mortgages, and often pay more taxes than equivalent domestic workers because none of the tax loopholes are available to them.

So why blame them when it’s the employers who are skirting the law by misrepresenting role requirements rather than H1B workers stealing jobs?

Not the case for highly skilled roles that are likely the ones affected here.

Each H1B application must include a DOL certification stating that the foreign worker will be paid a DOL specified minimum salary for the role, often exceeding 100k.

In fact since no such certification is necessary for domestic workers, in theory, they could have been paid less than foreign workers.

This has more to do with laying off experienced employees in senior roles and higher salary brackets and replacing them with “junior” roles at lower salaries, with the same work expectation.

Layoffs are also a way to take back unvested stock from senior long-serving employees and granting new employees a fraction of that released stock. Just making it a requirement to automatically vest all stocks during layoffs will massively reduce the layoffs.

That is definitely a rule that

• a job must be advertised and,
• DOL certification attached to every H1B application stating that
  • the foreign worker is needed to be hired due to unavailability of domestic workers
  • the minimum salary at which that job will be filled.

Additionally, when filing PERM, employers are required to prioritize domestic workers for 6 months after layoffs for the same role. Reference

But this guy is notorious for finding loopholes and sucking off any dick/teet to skirt the law so here we are.

This is not unique to Tesla either. With the job market tightening over the last 2-3 years, tech companies have been laying off experienced, higher paid workers (especially who were hired at highly competitive salaries during early pandemic) to replace them with new lower paid ones for the same role.

The article misrepresents this as a domestic vs foreign workers issue instead of calling out the employer for lying about role responsibilities and exploiting junior employees for doing the same work as was expected from senior employees in the past.

In the handful of first person whistleblowing stories that have been reported, the whistleblower has always mentioned how hard their and their family’s lives became as a result and how close they came to suicide.

Anyone who chooses to whistleblow has the biggest balls among us and deserve our utmost respect. Now if only law enforcement weren’t working on behalf of the owner class…

Bah. You have unlimited get out of jail free cards when you can create your own monopoly board.

Hilarious to read - get more back in their refund than they paid in. Please tell me how that works exactly. I would love to use my tax filing as an income source. Fcking idiotic!

This lawsuit is strong arming for sure but you have a valid point.

As much as everything that Trump does sucks, if he ends up putting stricter regulations on news media against reporting unfounded claims, it’s going to be good in the long term. I can’t wait for the day that Fox News finds itself needing to report facts.

The balancing act will be accurate reporting vs the fear of reporting anything negative against a public figure. The latter will be a death blow to democracy.

Is that an AI generated hand holding an umbrella?

Wtf is this article? If there’s a doubt about someone’s national security clearance, revoke it immediately until further review. Being anxious means nothing. Do or don’t.

Not the same agency.

Wouldn’t it be possible to buy a new PC, open the box, and return it right after because you cannot set it up without internet?

If enough people do it, may be PC manufacturers will force Microsoft to add offline setups.

I reached out to Roku support regarding this. The rep told me “why are you complaining. You are the only one.” He then disconnected the chat. I’ve reached out to my state’s AG to report this. No action so far but waiting. If there are enough complaints, that might help move the needle.

What Roku is doing should be completely illegal - bricking the product after purchasing it for full price if you don’t agree to waiving your rights.