All you wanted to know about H-1B visas but didn't know to ask
Purpose of H-1b Visas
These visas were designed to give American companies the ability to hire "special skill" employees, when no comparable Amercican workers could be found.
The idea was to give American companies the ability to hire the "best and brightest" from around the world.
Visa Specifics
Visa Mechanics
As you can see, the protection clause was weak and companies were able to easily abuse it because no one enforced the law.
Additionally, when the cap returned to the original level of 65,000, the so-called protective measures expired as well.
It should be noted that as things stand now, companies are not required to prove that they have not displaced an American worker when they hire someone using an H-1B visa. If anyone tells you any different, they either do not know the visa regulations or they are not telling you the truth.
H-1B Dependant Companies must also attest that they have made a good faith effort to hire American workers first, and that they will not displace American workers 91 days before or after the hire.
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