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> Well, and given that the premise of H1-B visas is that "we literally couldn't find a local who could do this", I'm OK with that. H-1B visa does not have such

> Well, and given that the premise of H1-B visas is that "we literally couldn't find a local who could do this", I'm OK with that. H-1B visa does not have such a premise. Green card applications do though - are you confusing the two?

kstrauser 10y ago
I think you have that backward. From https://en.wikipedia.org/wiki/H-1B_visa https://en.wikipedia.org/wiki/H-1B_visa: > The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability"). Likewise, the foreign worker must possess at least a bachelor's degree or its equivalent and state licensure, if required to practice in that field.
- mavelikara 10y ago
  It says nothing about the availability of these skills locally.
  - kstrauser 10y ago
    Sigh. Here's the Department of Labor explanation (at https://www.dol.gov/whd/immigration/h1b.htm https://www.dol.gov/whd/immigration/h1b.htm): "The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States."
    - mavelikara 10y ago
      "The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater." I think I misunderstood your initial comment. I took "we" to mean the employer; looks like you meant it as the DOL.

kstrauser 10y ago

I think you have that backward. From https://en.wikipedia.org/wiki/H-1B_visa https://en.wikipedia.org/wiki/H-1B_visa: > The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability"). Likewise, the foreign worker must possess at least a bachelor's degree or its equivalent and state licensure, if required to practice in that field.

mavelikara 10y ago
It says nothing about the availability of these skills locally.
- kstrauser 10y ago
  Sigh. Here's the Department of Labor explanation (at https://www.dol.gov/whd/immigration/h1b.htm https://www.dol.gov/whd/immigration/h1b.htm): "The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States."
  - mavelikara 10y ago
    "The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater." I think I misunderstood your initial comment. I took "we" to mean the employer; looks like you meant it as the DOL.