Multiple folks sitting in Canada and working on H1-B and TN visa (which is illegal) and paid in US but US citizens being laid off. It’s such a shame.
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DHS and USCIS have their ears open to H-1B matters and now's the time to let them know what you've seen and how they can better enforce against temporary workers on H-1B that are breaking rules. There is a 60 day public comment open for the public to weigh in on immigration fee increases that I've pasted below. If you've seen double employment or misuse of work visas please enter a comment into the registry. Maybe the fee increase should be higher to include more agents to track the wrongdoings of the people on temporary work visas, or maybe an increase is needed for better scrutiny of corporate's immigration actions after cyclical mass layoffs. The following article covers the fee increase.
https://qz.com/what-higher-h1b-visa-fees-will-mean-for-indians-1849952534
Public Comment link:
https://www.regulations.gov/docket/USCIS-2021-0010/comments
Many folks paid in US on H1B and those sitting in India or Canada for months while US citizens being laid off.
A huge chunk of H1bs have a side gig or second job (which is also illegal)
A lot of people take advantage of the lack of enforcement of immigration laws in the US. I
Also, if the company moves them to the Canada payroll, their salary will be adjusted to Canada standard, which is about 1/2 of US standard.
Since their cost is lower than yours, your team may prefer to keep them.
If they are outside the US, they are not on Visa at all.
Are you sure they get US payroll? It is ok for a short-term vacation.
Most likely they are paid with Canada payroll.
How is a TN visa illegal? Most teams in my org are from Ireland, Canada, Norway on my team.
Everyone on my team except me (a four year contractor) is from Canada or overseas. They've all been hired after me and as FTEs gladly take credit for my work,
Canada taxes are more than US if they not showing income in Canada and US dollar to Canadian dollar conversion rate is good.
Why do they need visa if they are working from Canada ?? What’s the benefit of positions in US over Canada? Labor laws in Canada are more favorable toward employees. Paying US taxes is also not a perk. What give ??
You need to gather detailed proof and file a complaint with USCIS and local department of labor. It's the only way to put a dent in this kind of illegal activity.