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   ► KBIT Water-Coo...American I.T...Foreign Work...   Print This     
 
AmericanIT Foreign Worker Visas: H-1B, L-1:
DOL fails to protect U.S. workers
 
Posted 17 years ago on 3/31/2003 and updated 4/7/2019
Take Away: The DOL does not require employers to first attempt to fill positions with U.S. workers prior to hiring nonimmigrants.
 A blog topic from KBerry's Blog
 Tags: DOL , H-1B , layoff , LCA

KB100223

DOL Website Misrepresents H-1B Facts

The DOL Website [http://workforcesecurity.doleta.gov/foreign/h-1b.asp] mispresents the applicable statute. The second paragraph of "Responsibility #1" misleads Americans into believing that the LCAs that DOL issues are protecting U.S. workers from displacement by H-1Bs:

"The LCA contains additional attestations for certain H-1B-dependent employers and employers found to have willfully violated the H-1B program requirements. These attestations impose additional obligations to recruit U.S. workers, to offer positions to U.S. workers who are equally or better qualified than the H-1B nonimmigrant(s), and to avoid the displacement of U.S. workers."

The website fails to reveal that fact that only about one percent of employers are deemed "H-1B dependent." Congress has exempted HP, Intel, Microsoft, Sun Microsystems, Motorola, and foreign bodyshops from the requrement to consider U.S. for U.S. jobs prior to filling positions with nonimmigrants.

Doesn't Congress believe that all employers should be required to recruit U.S. workers, hire equally qualified U.S. workers when available, and avoid displacing U.S. workers?


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Blog Contributed By Kim Berry:

Kim Berry is an experienced coder currently specializing in VS.Net C# coding of WinForm and WebForm applications. Kim currently works part time for Prestwood IT Solutions and participates in this online community when time allows. Kim worked fulltime at Prestwood Software for four years and is still available for part time evenings and weekends work. He was one of the main Prestwood developers developing ASPSuite and has coded in many languages including C, Visual Basic, Delphi, and Visual Studio.Net.

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