Convincing boss - For TXH1B or anyone else who can help

[Vebs]

I will be the first person for my company(investment bank) to be sponsored green card hence basically it will be my boss's responsibility. He seems to be stuck on notion that he will have to sign papers that he couldnt find any US citizen to do my job which he says cannot be true. Now we all know no body can say that a person A is so good that person B cannot do it. So how to convince my boss or mitigate his concerns around his liability? Any help will be appreciated.

[txh1b]

Your boss is not signing anything to that effect. The labor process takes care of that piece. If the advertisement did get enough traffic and submissions from USCs, the labor process cannot move forward. You should ask him to talk to an attorney that can clearly explain his role in this.

It is true that if he can find a USC to replace you, he cannot sponsor a GC for you.

[Vebs]

One more question

Thanks.

However, isn't lawyer "supposed" to run the process (defining job criteria etc) such that not may people apply and qualify. I know its sounds shady ...but I politely refuse to believe that all GC holders got their GC because no USC was available to do what GC holders did.

I am just trying to understand practicality of the process because in this economy ideally no Labour should be approved if the criteria is "non-availibility of USC is critical".


Also, Ron Hira in his article in Business Week about H1-B states
'What myths distort the H-1B debate? The biggest may be that employers can hire H-1B visa holders only when there is no American for the job. The program, run by the U.S. Labor and Homeland Security Dept., has no such constraint. Nor do employers getting the visas have to demonstrate a shortage of U.S. workers in their field. "



However, I will agree Ron is talking about H1-B not GC.

Thanks for your help in advance.

Your boss is not signing anything to that effect. The labor process takes care of that piece. If the advertisement did get enough traffic and submissions from USCs, the labor process cannot move forward. You should ask him to talk to an attorney that can clearly explain his role in this.

It is true that if he can find a USC to replace you, he cannot sponsor a GC for you.

[txh1b]

You are not getting the point. For example, US DOL has statistical models of how much demand each profession is in for the next 10-20 years.

The labor process is designed to attract job seekers with advertisements in newspapers, radio, web etc and if one has a USC apply that qualifies for it, NO, the company cannot move forward with GC. That is the law. If you agree or not, doesn't matter.

An example would be a Petroleum Engineer position off in the Gulf of Mexico. Are there USCs available? Probably yes. But when one advertises for a Petroleum Engineer working on a rig on the seas for 15 days on and 15 days off, there is a chance that no USC is interested in that job for the conditions and geographical location and no resumes are received. The company can move forward with the labor.

I am done here. A company that commits fraudulent ads for GCs will be stripped off their ability to hire immigrants for good. Read more here.

http://www.immihelp.com/forum/showthread.php?t=66194

ps: If you are an anti-immigrant trying to act dumb and fish out details here on the forum, no one on this forum that I have seen suggests illegal/shady things. Just a FYI.

[Vebs]

Thanks

Thanks a bunch and no I am not anti-immigrant. I myself am trying to find ways to get GC which I never though would be a problem but my boss is stuck on a point. However, I think I will just let him speak to attorney who hopefully can convince him that he is not personally liable for my GC.

Your boss is not signing anything to that effect. The labor process takes care of that piece. If the advertisement did get enough traffic and submissions from USCs, the labor process cannot move forward. You should ask him to talk to an attorney that can clearly explain his role in this.

It is true that if he can find a USC to replace you, he cannot sponsor a GC for you.

You are not getting the point. For example, US DOL has statistical models of how much demand each profession is in for the next 10-20 years.

The labor process is designed to attract job seekers with advertisements in newspapers, radio, web etc and if one has a USC apply that qualifies for it, NO, the company cannot move forward with GC. That is the law. If you agree or not, doesn't matter.

An example would be a Petroleum Engineer position off in the Gulf of Mexico. Are there USCs available? Probably yes. But when one advertises for a Petroleum Engineer working on a rig on the seas for 15 days on and 15 days off, there is a chance that no USC is interested in that job for the conditions and geographical location and no resumes are received. The company can move forward with the labor.

I am done here. A company that commits fraudulent ads for GCs will be stripped off their ability to hire immigrants for good. Read more here.

http://www.immihelp.com/forum/showthread.php?t=66194

ps: If you are an anti-immigrant trying to act dumb and fish out details here on the forum, no one on this forum that I have seen suggests illegal/shady things. Just a FYI.