If you already have an immigration status that allows you to work in the US then you're free to advocate for your worth by engaging with the job market. If a company has to sponsor you for an H1B though you'll be locked to one employer, and that lack of options is what means they don't need to give you market rates.

But yes, as far as I know companies would usually offer an H1B applicant lower salary. They know the candidate will need visa sponsorship because the candidate has to say up front (usually in the first conversation) if they are authorized to work in the US. If the companies know they will have to undertake costly sponsorship, and as far as I know employment law leaves them quite free to offer a lower salary: foreign nationals are not a protected class so salary discrimination on the basis of who will need visa sponsorship is just to be expected in the current system...

▲ laurencerowe 4 days ago | parent | next [-]

> If a company has to sponsor you for an H1B though you'll be locked to one employer, and that lack of options is what means they don't need to give you market rates.

You're not locked into one employer on an H1B. Once you are here it is possible to switch jobs relatively easily since you do not need to go through the lottery again.

> as far as I know employment law leaves them quite free to offer a lower salary

"The H-1B employer must pay its H-1B worker(s) at least the “required” wage which is the higher of the prevailing wage or the employer’s actual wage (in-house wage) for similarly employed workers."

https://www.dol.gov/agencies/whd/fact-sheets/62g-h1b-require...

	▲	hshdhdhj4444 3 days ago \| parent [-]
		Ironically the Trump administration has made it harder to switch with the uncertainty they’ve been creating within the program.

▲ zaptheimpaler 4 days ago | parent | prev [-]

The basic mechanics you're assuming are wrong - H1B is not locked to an employer, it can be easily transferred between employers. H1B is tied to having AN employer, but employees are free to switch between employers to get market rates and they do.

▲ conartist6 4 days ago | parent [-]

My understanding was that by changing jobs you could "lose your place in line" potentially costing you years of waiting in your overall immigration process.

▲ kimixa 4 days ago | parent | next [-]

That is true if you have something like an ongoing green card petition. However, if it's just an H1B, by the time it's approved and can transfer it, there's not really a "line" anymore.

Though there's pretty hard limitations on what you can transfer with - it has to be the same sector, similar limitations on minimum salary, and requires work on the new employer's part to move the H1B to them (so you can't keep it quiet, and it's another barrier as it's non-zero cost for lawyers etc. to actually do that).

▲ laurencerowe 4 days ago | parent | prev [-]

You are allowed to change jobs after the green card petition has been pending 180 days. Add another 6-9 months for the PERM process.

https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-...

▲ _DeadFred_ 4 days ago | parent [-]

Does your new company need to file paperwork? Have/consult an immigration lawyer? I know our jobs openings we always specified we weren't willing to sponsor because we didn't have the ability to do the overhead. Do you mean we could have hired H1Bs and my management teams were all mistaken?

most of us here have been hiring managers in the bay area so we have been exposed to this. My exposure was you are fairly locked into one company. I had friends who had to go home abruptly when fired. We would have to buy their cars so we could sell them slower at non-fire sale prices for them. But this was late 90s through early 2000s. Maybe it's different.

▲ shagie 3 days ago | parent [-]

https://www.uscis.gov/working-in-the-united-states/temporary...

    Changing or Leaving Your H-1B Employer
    Q. What is “porting”?

    A. There are two kinds of job portability, or “porting,” available based on two different kinds of employer petitions:

    H-1B petition portability: Eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new H-1B petition (Form I-129) requesting to amend or extend H-1B status with USCIS, without waiting for the petition to be approved. More information about H-1B portability can be found on our H-1B Specialty Occupations page.

    ...

    Q. How do I leave my current employer to start working for a new employer while remaining in H-1B status?

    A. Under H-1B portability provisions, you may begin working for a new employer as soon as they properly file a non-frivolous H-1B petition on your behalf, or as of the requested start date on the petition, whichever is later. You are not required to wait for the new employer’s H-1B petition to be approved before beginning to work for the new employer, assuming certain conditions are met. For more details about H-1B portability, see our H-1B Specialty Occupations page, under “Changing Employers or Employment Terms with the Same Employer (Portability).”

The company would still need to file an H-1B petition. It's that there is no lottery guesswork since the potential employee is already approved to work within the United States.

https://www.uscis.gov/working-in-the-united-states/h-1b-spec...

    When can I begin working for a new H-1B employer if I change employers?

    If you are changing H-1B employers, you may begin working for the new employer as soon as they properly file a non-frivolous Form I-129 petition on your behalf, or as of the requested start date on that petition, whichever is later.

    To be eligible for portability, you must not have been employed without authorization from the time of your last admission into the United States, and your new employer must properly file a new, non-frivolous petition before your H-1B period of authorized stay expires.