The Supreme Court has said that making employment decisions based on citizenship status doesn't qualify as discrimination under the civil rights act because citizenship status is not the same thing as "national origin" which is what the law prohibits discrimination on.
Regardless, what is the motivation to want to discriminate? The only thing I can see is that having someone in the US under H1B gives them power over that person.
completely agree on the fact that the H1B is messed up.
I think here this person is trying to act in good faith, and unfortunately this is the easiest way to get people into the country. I hope for everyone's sake that this is genuine.
H1B visas are the reason that immigration can cause lower salaries. They're anti-free market in every sense of the word
"having someone in the US under H1B gives them power over that person."
Wow... way to not only completely misinterpret the intent but to completely reverse it. Before this program there were exactly zero legal avenues for a not-already-rich aspiring startup founder from another country to come here with the express purpose of starting a business. Now there is one.
In this day of age you very rarely need to be permanently physically present in the US to own and run a US business, and once your business passes the threshold of actually being viable theres multiple routes to getting a Visa.
There's the whole E2 Visa system specifically designed for this. In addition after a year in business there is a L1a route too, assuming the business goes anywhere.
Admittedly theres very little room for a "starving devpreneur who is making some social app that doesn't make any money", but assuming such an app can take off then the investment they could raise would instantly get them to quality for a visa too.
I'm not misinterpreting the intent. I know perfectly well the stated intent to 'help the helpless random immigrant founder.' I'm suggesting an alternative intent that needs to be discussed. And I'm not the one reversing it. In this case Mr. Feld is showing a clear preference for H1B's before having any specific foreign entrepreneur in mind.
ESPINOZA v. FARAH MFG. CO., 414 U.S. 86 (1973)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vo...