That's not a general requirement for H-1B. (It is a requirement for EB-2, which is the immigration category for a permanent worker with a degree, versus a tempo

That's not a general requirement for H-1B. (It is a requirement for EB-2, which is the immigration category for a permanent worker with a degree, versus a temporary H-1B worker). For "H-1B dependent employers and willful violator employers", there is a requirement to "not displace any similarly employed U.S. worker" and to "recruit U.S. workers for the job for which the alien worker is sought, at wages at least equal to those offered to the H-1B worker". That doesn't apply to normal H-1B applications. (From http://webapps.dol.gov/elaws/elg/h1b.htm http://webapps.dol.gov/elaws/elg/h1b.htm .)