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by mavelikara 2882 days ago
My understanding is that in your list:

#1 - the employer must try to hire Americans first for the job - is not true. The employer need to only attest that the employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.

#2 - if the employer laid off people in essentially similar jobs recently before or after the H1-b application, the application is not supposed to go through - is also not true. Although, it is true that H-1Bs cannot be used to break a strike, lockout etc.

#3 - they need to pay the H1-Bs the same wage as similar non-H1-b people at the company, or the prevailing wage of the area (whichever is greater) - is true

I think you are confusing the employment-based green card with an H-1B visa (the employer must attest to #1 and #2 to apply for EB green cards).

Ref: https://en.wikipedia.org/wiki/H-1B_visa#Employer_attestation...
1 comments
lcavsh1b 2882 days ago
They are requirements of the Labor Condition Application (LCA), and the LCA is a requirement for the H1-b, so it is correct to talk about them as requirements of the H1-b. It's not a green card thing. http://www.visapro.com/resources/article/h1b-labor-condition...
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mavelikara 2882 days ago
LCA is a requirement for H-1B, and thus you are right that it is correct to talk about requirements for LCA as requirements of the H1-B. But, you are wrong that those listed by the GP are indeed requirements for LCA. From the link you posted:

    The Labor Condition Application (LCA) contains basic wage 
    and location information about the proposed H1B employment. 
    The LCA contains the rate of pay, period of employment, and 
    work location.

    It also contains four standard attestations that the employer 
    must make.
Those four are listed in the link I posted earlier [1]. 2 out of the 3 the GP listed do not form part of the attestations.

Again, are you confusing LCA [2] with labor certification [3]?

[1] https://en.wikipedia.org/wiki/H-1B_visa#Employer_attestation...

[2] https://en.wikipedia.org/wiki/Labor_Condition_Application

[3] https://en.wikipedia.org/wiki/Labor_certification

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