H-1B Visa: U.S. Department of Labor Has Failed to Protect American Workers

H-1B Visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign professionals in specialty occupations for three years, extendable to six years.

To qualify for H1B Visa, the foreign professional must hold a bachelor’s or higher degree from an accredited college or university in the specialty occupation.

The U.S. Department of Labor is responsible for ensuring that foreign workers do not displace or adversely affect the wages or working conditions of US workers.

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For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) which will be certified by the Department of Labor (DOL). The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the prevailing wage in the area of employment. The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace US citizen workers.

Highlights of 2019 approvals from USCIS:

• The number of H-1B petitions filed increased by 0.4 percent from 418,799 in FY 2018 to 420,549 in FY 2019.
• The number of H-1B petitions approved increased 16.9 percent from 332,358 in FY 2018 to 388,403 in FY 2019.
• The number of H-1B petitions approved in FY 2019 for workers with a bachelor’s degree was 36 percent. In addition, the highest degree achieved for all beneficiaries was 54 percent of approved petitions held a master’s degree, 8 percent held a doctorate, and 3 percent a professional degree.
• The number of H-1B petitions approved in FY 2019 for workers in computer-related occupations was 66.1 percent.
• The median salary of beneficiaries of approved petitions increased from $95,000 for FY 2018 to $98,000 for FY 2019.

Click the image below to read the full USCIS report for 2019:

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