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by einfach 3144 days ago
> The employer, before petitioning for H-1B status for any alien worker pursuant to an H-1B LCA, took good faith steps to recruit U.S. workers for the job for which the alien worker is sought, at wages at least equal to those offered to the H-1B worker. Also, the employer will offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker. This attestation does not apply if the H-1B worker is a "priority worker" (see Section 203(b) (1) (A), (B), or (C) of the INA). [0]

While it may not be the sole purposes as outlined in the link [0] you provided, it does mean that the rules state this very fact that precedence is to be given to US workers. So saying it's 100% wrong is... wrong as well.

[0] https://webapps.dol.gov/elaws/elg/h1b.htm#who

2 comments

I like the idea, nearly a throw-away line in the article, that the H-1B visas should be granted to the highest paying jobs rather than by lottery. That would certainly cut down on the abuses.
Bbbbbut, you’re agreeing with Trump when you say that.
That rule only applies to H-1B dependent companies and wilful violators. It is not part of the "stated purpose" of the visa.
The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.

https://www.dol.gov/whd/immigration/h1b.htm

This text is genuinely surprising to me. The only statutes that come close to meeting that goal are the ones that only apply to H-1B dependent employers and wilful violators.
The 1990 legislation creating the H-1B program was pretty specific that it was for getting skills into the country that could not be obtained locally. Considering all the notices that are supposed to be posted. It is abused heavily, but that was the intent.