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?
AmericanIT
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