By Teresa Ruiz Pedersen

In theory, the H-1B program allows U.S. companies to hire highly-skilled foreign workers when there are not enough qualified domestic workers available. There are approximately 65,000 available spots in the program for private employers. However, the U.S. Citizenship and Immigration Services (USCIS) reports that American workers are not always given proper consideration by local and international companies operating in the U.S. to fill these vacancies. Some employers are lowering wages and reducing opportunities to bring in more foreign workers.

In this article, we will explore the recommendations from the Fraud Detection and National Security Directorate to ensure that the right opportunities are provided to the right H-1B candidates:

Here are some examples of the indicators that H-1B workers must meet:

  • Wage Compliance: The H-1B worker must be paid the wage certified in the Labor Condition Application (LCA). If the company is a small business and there is a significant difference between the certified wage and what is being paid, the company must document that American workers who perform the same skills or duties refuse to accept a lower wage than the foreign worker. Small business owners should consider the law of supply versus demand.
  • Job Duties: The H-1B worker must perform duties that are at least at the level described in the job description.
  • Experience Requirements: The H-1B worker must have the same or greater experience than U.S. workers in similar positions within the same company.
  • Work Location: The H-1B worker must be employed at the location certified in the LCA.

If any of these parameters are not followed by U.S. companies, violations could be reported directly to USCIS through its website.

If you need more advice on how to make your immigration case successful, don’t hesitate to contact us. We are here to assess and collaborate with you throughout the visa application process to help you succeed in obtaining any type of U.S. visa

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By US Immigration