Amid the ongoing H-1B visa issue, some applicants are being questioned about the inability of US workers to occupy the positions they have been offered, as per a new report.
Immigration attorneys said consular officers have been asking different kinds of questions like “Why can't an American do this job instead of you?”
These inquiries seem to be particularly prevalent in cases involving specialty occupations, where officers are scrutinizing the employer's justification for hiring a foreign worker.
Employers are required to affirm that the employment of a foreign worker will not negatively impact the wages and working conditions of US workers in similar roles.
The H-1B program permits US employers to recruit foreign workers for specialty occupations that necessitate specialized knowledge and generally require at least a bachelor's degree or its equivalent.
Legal experts recommend that H-1B visa applicants refrain from making direct comparisons to US workers in their responses.
Instead, they should emphasize the specifics of the role and their own qualifications, highlighting the reasons for their selection for the position.
Applicants ought to clarify that the position necessitates specialized knowledge, education, or experience, and that their background aligns well with the employer's requirements.
