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Don’t count on it: H-1B skilled labor option ‘not realistic,’ says immigration lawyer



“It’s not worth trying to cut corners. Be prepared to pay [these workers] a competitive wage that they would otherwise pay an American worker, and they should also have a backup plan. It’s not a realistic way to get a candidate in the door.”

Accusations of ‘loud firing’ by tech giants

Use of the H-1B program has been common practice for decades, with documented positive impacts on America’s innovation and startup economies. However, the program has drawn fire in the media recently as tech giants like Google, Meta and Amazon (three of the country’s top H-1B users) publicly lay off large swaths of their workforce, a practice dubbed “loud firing”.

But the “politicized” reporting of the moves paints an inaccurate picture of the real issue, says Behm. In the larger context of the American labor market, it’s a much more complex matter.

“As a lawyer, I’m looking at the law; there is no real law that prevents them from doing that,” said Behm. “The government needs to change these things, close the loopholes.”

Bringing on H-1B workers is still one of the few ways for many companies to compete, and although the optics may not be good, even corporations doing mass layoffs are usually playing within the rules.

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