PRIORTIZE H-1B EMPLOYERS WHO TRY TO RECRUIT US WORKERS

While the current H-1B rules require that sponsoring employers attest to wages and working conditions, they are not required to show that they first tried to hire a US worker but were unable to do so, as is required in the H-2A and H-2B visa categories. One proposal to improve the H-1B program is to allocate the available visas first to employers who demonstrate that they have tried to recruit US workers first. Any of the 85,000 visas within the cap still available would be allocated by the lottery.

The Case For

Supporters argue that prioritizing petitions from employers who document unsuccessful recruitment of US workers would better align the H-1B program’s purpose of addressing genuine labor shortages rather than serving as a cheaper alternative to domestic hiring. They contend that a recruitment-first incentive would discourage the displacement of US workers, citing cases in which companies have outsourced functions to contractors and had their employees train their H-1B replacements.  Advocates also argue that research findings (see What the Evidence Says—H-1B Wages) that H-1B workers are being paid less than the typical wage for their occupation demonstrate the need for this reform.

The Case Against

Critics observe that, in practice, it has proven difficult to implement effective means to verify efforts to recruit US workers through other visa programs. They note, for example, that employers are technically required to first recruit US workers before they can get employment-based Green Cards (permanent visas). Skeptics note that employers can effectively shut out US workers by posting jobs on low-visibility boards or by making experience and education requirements so specific that almost no applicants meet them. Critics say that even if valid recruitment processes were conducted, the proposal would likely grant an unfair advantage to large firms with more time and resources for domestic recruitment than smaller businesses.

Some opponents argue that H-1B visas have never had domestic recruitment requirements because Congress recognized that the presence of skilled workers in specialty occupations is a net benefit to the US. They argue that the cases of US worker displacement by H-1B workers are not widespread and that all H-1B workers are required to be paid no less than the average wage (see What the Evidence Says—H-1B Wages).

What the Evidence Says—H-1B Wages

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