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Is the US Government not also to blame for this? I had thought that one of the major rules about immigrant worker visas was that they can only be granted for wo
by Zikes 11y ago
Is the US Government not also to blame for this? I had thought that one of the major rules about immigrant worker visas was that they can only be granted for workers whom are doing a job for which no available citizen worker can be found.
- mingfli 11y agoNo, that only applies to green card applications through work. General work visas don't usually have this restriction.
- st3v3r 11y agoH-1B explicitly does.
- mingfli 11y agoUmm, no it doesn't. http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupatio...
- ConfuciusSay 11y agoIt doesn't, it's a misconception. You see often enough companies hiring H1-B's, have their American equivalents train them, and then fire the American workers.
- titomc 11y ago" no available citizen worker can be found. " H1B stipulates this. Here is how the companies work around this. The ADs that they put for this position should have the salary too. The salary will be the bare minimum specified by the Department of Labor for that work location. eg: Arizona I think its not more than 62K per year. There will not be any American worker who will be willing to work for that. So the AD will yield zero American applicants for that position and thus they hire an H1B worker. If your company has H1B workers, go to to your company's public notice boards usually in the break rooms. You can find notices like "Labor condition application for a foreign worker". Take a look at the second page or the third one and see the salary for that position. Usually it will be a bare minimum or minimum + ~10K.
- mingfli 11y agoI'm pretty sure you're conflating H-1Bs and Green Card applications. H-1Bs do not have this stipulation, and you're not required to put out ads for the position (like you do for green card labor certs). The only stipulations for H-1Bs are that you work in a specialized field as described by USCIS, that you have the requisite degrees (and that the position requires those degrees), and that you're paid market salary. Whether the "market salary" describes the actual market is another issue, and should be enforced by the government.
- titomc 11y agoYou are right. In the case of LCAs, the employer do not have to prove that they did not find a qualified citizen worker.