[Editor’s note: This story was originally published in the 2018 issue of The International Jurist magazine. It has been updated in particular places for relevancy.]
How exciting it is to see a job posting that explicitly offers H-1B sponsorship. We are quick to send our applications and impatiently wait for an invitation to an interview. We finally receive an email, and we can’t believe our luck. We have an interview. We are asked to bring our resume, writing sample and passport.
Wait! What? Our passport?
Well, since we are foreigners, it probably makes sense, doesn’t it?
No!
Unfortunately, there are many job postings that seek to take advantage of our longing to stay in the United States and the methods by which some try to defraud our American Dream become more sophisticated every day. We must always be on guard and stay educated to identify the signs of fraud.
Here are two job postings I found recently:
Job Posting No. 1:
Entry-level law school graduates will have many opportunities to work on cases in various legal fields, as well as hands-on practice under the direction and supervision of senior attorneys who graduated from Harvard Law School. This is a great opportunity.
Requirements:
- JD/LLM degree, license is not a must
- Bilingual in English, Chinese and/or Korean
- Excellent writing skills and interpersonal skills
- Handling cases independently is a plus
- Must be able to come into the office for a face-to-face interview.
Qualified candidate will have a chance to obtain H-1B sponsor and high salary.
At first glance, the posting looks legitimate. But let’s read carefully. I am not saying that this job posting is, in fact, a fraud, but there are some signs that make me suspicious.
First, I find it odd that there is an emphasis on the senior attorneys being Harvard graduates. Why does it matter? It looks like a desperate attempt to appear to be a legitimate law practice.
Second, a bar license is not required, and yet we are allowed to handle cases independently. If we are not admitted as an attorney, we are not allowed to practice. So, how can we handle cases independently if we are not members of the bar?
Third, it says we must be able to come into the office for a face-to-face interview. Most interviews are face-to-face, so why did the employer feel the need to emphasize this?
And finally, where is the job description or the required skills? The employer decided to add that we must come to a face-to-face interview but did not feel the need to describe either the job or the required skills.
In sum, the posting offers the following: You can work in various legal fields and handle cases independently without a license or skills, and nevertheless will receive a high salary and H-1B sponsorship. If you find a job posting like this, proceed with caution.
Job Posting No. 2:
H-1B Visa processing for OPT candidates (with a project or without project). Interested candidates email your resumes to career@XXX@net, please reach me at 248-434-XXXX.
This is not a job posting at all. It is an advertisement for H-1B fraud.
We must use our common sense when we read job postings. If something smells rotten, we should proceed with caution. Below are a few signs to look out for in a job posting and interview setting. Please note that not one of these signs by itself makes a posting a fraud. There may be legitimate reasons. Use common sense and maintain a healthy suspicion when the signs below accumulate:
- A law firm has multiple identical job postings.
- The law firm or company name is not stated (e.g. merely Manhattan law firm, NY law firm or top law firm).
- Job posting emphasizes that “qualified candidates will have a chance to obtain H-1B sponsor” without adding skill requirements.
- High salary offered without skill requirements listed.
- The job posting is written in a foreign language.
- The job posting is permeated with mistakes.
- “H-1B sponsor” is added to the headline.
- The job posting says that “H-1B will be sponsored through a member company.”
- We are asked to bring our passports to the interview.
- The interviewer would like to take pictures of our ID or passport.
Please use common sense when applying to a posting and when sitting for an interview. Never let the employer leave the room with your passport or ID. Your documents can be copied and your identity was stolen to apply for a fake visa. This is unfortunately an all-too-common practice.
Desiree Jaeger-Fine is principal of Jaeger- Fine Consulting, LLC, a career management firm for international attorneys in New York, and author of “A Short & Happy Guide to Networking.”
