"The employer needs to demonstrate that the worker is being paid at least the prevailing wage for that region and occupation, and comparable to native workers in the firm, and that employing the worker will not adversely affect current workers. The employer does not need to demonstrate that there is no qualified native U.S. worker for the job."
Compare that to:
Employment-based visa (such as EB-2 visa, or EB-3 visa) that provides a path to permanent residency (a Green Card)
"The employer needs to demonstrate that there is no qualified U.S. worker willing to do the job at a comparable wage, and needs to have made a good-faith effort to recruit a native U.S. worker."
You only need to demonstrate an effort to recruit someone when applying for a green card.
It is true - as a part of H1B application you need to post a job advertisement in some US job board first, which becomes a part of the documentation you submit to USCIS. I went through that as a part of my own visa process.
EDIT: ok, maybe my immigration lawyer was a weirdo :)
> as a part of H1B application you need to post a job advertisement in some US job board first
No, this is only part of employment-based greencard (LC) process. For H-1Bs, as part of the LCA process, the employer needs to advertise that a candidate is going to be hired.
Temporary work visa: H-1B, H-1B1, or E-3
"The employer needs to demonstrate that the worker is being paid at least the prevailing wage for that region and occupation, and comparable to native workers in the firm, and that employing the worker will not adversely affect current workers. The employer does not need to demonstrate that there is no qualified native U.S. worker for the job."
Compare that to:
Employment-based visa (such as EB-2 visa, or EB-3 visa) that provides a path to permanent residency (a Green Card)
"The employer needs to demonstrate that there is no qualified U.S. worker willing to do the job at a comparable wage, and needs to have made a good-faith effort to recruit a native U.S. worker."
You only need to demonstrate an effort to recruit someone when applying for a green card.