• Post Reply Bookmark Topic Watch Topic
  • New Topic
programming forums Java Mobile Certification Databases Caching Books Engineering Micro Controllers OS Languages Paradigms IDEs Build Tools Frameworks Application Servers Open Source This Site Careers Other Pie Elite all forums
this forum made possible by our volunteer staff, including ...
Marshals:
  • Campbell Ritchie
  • Jeanne Boyarsky
  • Ron McLeod
  • Paul Clapham
  • Liutauras Vilda
Sheriffs:
  • paul wheaton
  • Rob Spoor
  • Devaka Cooray
Saloon Keepers:
  • Stephan van Hulst
  • Tim Holloway
  • Carey Brown
  • Frits Walraven
  • Tim Moores
Bartenders:
  • Mikalai Zaikin

US IT jobs - Should Citizens & Green Card holders lie about their visa status on job applications ?

 
Ranch Hand
Posts: 33
  • Mark post as helpful
  • send pies
    Number of slices to send:
    Optional 'thank-you' note:
  • Quote
  • Report post to moderator
All job applications in USA require candidates to mention if they need the company to sponsor a visa now or in the future (i.e sponsorship). You need sponsorship if you have short term visas like OPT, H1B etc. On the other hand, you don't need sponsorship if you have long term work privileges like US citizenship, green card/GC or similar.

Unfortunately, it is quite likely that companies in the US break the law by willfully rejecting suitable candidates who don't need sponsorship (examples below). There are other tricks to reject citizens/gc, for example, by posting job ads in obscure local news papers which no one reads, paying advertising companies to post job ads but not actually posting the ads etc. Not all companies do this, but some do because they know they can pay H1B workers far less than the market wages. On the other hand, some companies simply replace their workers with H1B workers (examples below).

Hence, I wonder if Citizens/Green card holders could improve their chances of at least getting an interview by simply lying about their visa on job applications of ***SOME*** companies (not all), i.e. by saying that they will need sponsorship. The companies where you could lie might have small revenues, prone to offshoring, had recent layoffs, i.e. are more likely to commit visa fraud.

What are the consequences of telling such a lie ? Upon selection, the company might assert they can reject you simply because you lied about visa. IMO, this is not a material lie, i.e. no one is actually harmed by this lie. On the contrary, the company actually benefits because they don't have to worry about visa restrictions or expiry for a long time. But, the downside is that they are forced to pay market level wages.

Examples of fraud in H1B hiring :

1 - united states v Marijan Cvjeticanin - Google this. Its basically a case of paying companies to post job ads which offer h1b, but jobs were not actually posted.
https://www.justice.gov/sites/default/files/usao-nj/legacy/2013/11/29/Cvjeticanin%2C%20Marijan%20Complaint.pdf

2 - Southern california edison -
https://www.theatlantic.com/business/archive/2016/12/fixing-h-1b-visa-loophole/509639/

3 - Disney -
https://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html
The American workers lost this case though - https://www.orlandosentinel.com/business/tourism/os-bz-disney-lawsuit-workers-20180508-story.html

4 - Harley Davidson -
https://www.nbcnews.com/business/business-news/amid-h-1b-visa-lawsuit-harley-davidson-execs-meet-trump-n716106
 
Saloon Keeper
Posts: 7585
176
  • Likes 1
  • Mark post as helpful
  • send pies
    Number of slices to send:
    Optional 'thank-you' note:
  • Quote
  • Report post to moderator
My personal guideline is: If an article asks a question in the subject, the answer to the question is "no". The open question is whether a post here is an article.
 
brevity is the soul of wit - shakepeare. Tiny ad:
a bit of art, as a gift, that will fit in a stocking
https://gardener-gift.com
reply
    Bookmark Topic Watch Topic
  • New Topic