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YetiPessimist's avatar

Just pointing out two factual inaccuracies in this article:

1) "Employers don’t actually have to demonstrate that no American worker is available to fill the job, and they are not obligated to pay a market wage." Employers are in fact obligated to pay a market wage - they must pay H-1B employees the higher of the "actual wage" (the wage rate paid to similarly qualified U.S. workers in the same job at the same place of employment) or the "prevailing wage" (the average wage paid to similarly employed workers in the specific occupation).

2) "The visas are issued by lottery, without regard to where the most valuable skills are most needed, and they are attached to the specific employer, giving the workers no option but to leave the country if they want to leave the specific job." H-1B employees can in fact remain in the United States if they switch jobs. The prospective new employer just has to file a "change of employer" petition on behalf of the H-1B holder.

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