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I'm strictly referring to the intent of the H-1B program, not the actual letter of the law. The Department of Labor's website makes this intent explicitly clear
by MontyCarloHall 3y ago
I'm strictly referring to the intent of the H-1B program, not the actual letter of the law. The Department of Labor's website makes this intent explicitly clear:
> 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. [0]
You are mostly correct that the actual Immigration Act has almost no legal teeth to enforce this. The only explicit provision in the law is that H-1B dependent companies (≥15% of the workforce is H-1B) must "take good faith steps to recruit U.S. workers for the job for which the H-1Bs are sought." [1] In practice, this almost never applies, but it is nonetheless token lip service towards the ostensible intent of the H-1B program as strictly a specialized visa program, which is the pretense under which it was passed in 1990.
[0] https://www.dol.gov/agencies/whd/immigration/h1b https://www.dol.gov/agencies/whd/immigration/h1b
[1] https://www.law.cornell.edu/cfr/text/20/655.739 https://www.law.cornell.edu/cfr/text/20/655.739
- returningfory2 3y agoTo me this seems to be an upside down view of US immigration law (and US law in general). The INA is the supreme immigration law of the land. DOL regulations and documents are downstream and subordinate to the INA. The true “intent” of the H1B program is whatever is in the INA.