Blame the attorneys, or their clients who pay them? A reader passed this youtube item along. It’s a lesson in how to post fraudulent ads so you can qualify to hire foreign nationals.
What an embarrassment to the HR community, which hires the attorneys who teach how to scam the H-1B program. The law firm in question has reportedly removed the video from its own web site (they were advertising it?). But YouTube is forever.
There’s a bigger question here. Sure, companies hire H-1B’s to save money. But I think the problem is far worse than that. Consider that to hire via H-1B, you have to define a position narrowly to demonsrate that only a very specific person — who happens to be a foreign national — can do it. Just how narrowly can positions be defined? Well, judging from current management practice, very. Tie this to the “war for talent,” and an underlying trend becomes clear.
I think the “war for talent” and “the H-1B solution” together are a smokescreen. The problem isn’t talent — there is a lot of talent around. The problem, I think, is management. Companies have become so focused on their stock price and PR that they have become shortsighted. They want to solve mostly very specific problems. They don’t seek out talent, which requires cultivation and feeding. They define jobs so narrowly that they can’t easily find “the perfect candidate” — who isn’t really talented, just specifically-skilled. The candidate also happens to be overseas and inexpensive. HR can’t (or won’t) find the very candidates it advertises for, so lawyers have become the new recruiters.
A lot of pundits write about “the talent war” and the H-1B controversy because that’s what sells advertising. The real story is that much management today is stuck in narrowly-defined objectives. The focus is on filling jobs rather than building bench strength. So companies wage a talent war, lawyers handle the recruiting, the whole thing is revealed to be a sham, and HR is left holding the H-1B bag.
Maybe HR will put down the bag and finally stand up — when a Senate subcommittee issues the subpoenas.