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shagie 4 days ago

The H-1B requires that the position requires a specialization.

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

    The occupation requires:

    Theoretical and practical application of a body of highly specialized knowledge; and
    Attainment of a bachelor's or higher degree in a directly related* specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
    
    The position must also meet one of the following criteria to qualify as a specialty occupation:

    A U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, is normally the minimum entry requirement for the particular occupation;
    A U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, is normally required to perform job duties in parallel positions among similar organizations in the employer’s industry in the United States;
    The employer, or third party if the beneficiary will be staffed to that third party, normally requires a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, to perform the job duties of the position; or
    The specific duties of the offered position are so specialized, complex, or unique that the knowledge required to perform them is normally associated with the attainment of a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent.*
The positions that you're describing do not meet the criteria for the H-1B. If it was under the H-1B, then it should have been reported for fraud.

Chances are this was done as a seasonal H-2B non-agricultural worker (likely under a seasonal need)

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

    To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
    There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
    Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
When you see fraud, report it. https://www.uscis.gov/report-fraud/uscis-tip-form
K0balt 4 days ago | parent | next [-]

“Seasonal need” to work from June to December, then another “season” from January to June lol. They would be on a 6on,6 off rotation, staggered with their replacements. I do recall though that there was a huge local hiring spree a few years back, so maybe they got audited.

The problem (for them) is that pay scales (and cost of living) in that area are above average. A friend of my son got a job there about 8 years ago and it paid about 63k plus benefits, whereas the average home depot employee makes about 32k. No idea what it’s like post COVID.

shagie 4 days ago | parent [-]

If someone sees visa fraud, it should be reported. There are programs to try to combat it, though this is a "UCIS doesn't have the resources to audit every company."

So... if you see it, report it. https://www.uscis.gov/scams-fraud-and-misconduct/report-frau...

And there are actions on it when it is caught.

https://www.justice.gov/archives/opa/pr/two-executives-plead...

Ignoring visa fraud is one of the ways that it becomes established and in turn makes it harder for the companies that are following the rules to be successful.

K0balt 3 days ago | parent [-]

At the time, I really didn’t know it was likely fraud due to the low pay aspect. Interesting though about the 6 on 6off, since it looks like they could stay 3 years?

Perhaps that was so they could keep everyone “in the system” by not allowing them to be established, or something? I’m not really sure, but I think it worked kind of like a temp agency, but I believe the pay checks were issued directly by home depot, so I’m really not sure how everything was organized.

The house had an “agent”/handler that basically they had to obey, even though they worked for HD… it felt really Mob-like, with prohibition on dating, being out late, etc and strict organization of work schedules for room sharing.

But they paid 2x normal rent, all in advance, 6 months at a time and the apartments were always in great shape, so the property owner loved them.

Whatever it was it sure smelled like some kind of trafficking to me but I could never put my finger on the exact issue, and they all seemed genuinely grateful to be there. It did seem super shady though.

fatchan 3 days ago | parent | prev [-]

> When you see fraud, report it. https://www.uscis.gov/report-fraud/uscis-tip-form

And tell your manager explicitly and put it on the record that you reported it. Get fired in retaliation? Lawyer up.

shagie 3 days ago | parent [-]

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