I agree, a “testing the market” for a job is an outdated requirement. DOL should instead implement policies that test whether the company has had any layoffs, particular of American citizens. They should also make it a requirement that the beneficiary remain with the employer until they become an LPR or if the beneficiary decides to seek other employment immediately decertify the Labor Certification and revoke the approved I-140.
It is possible because an investigation will at least reveal the issue that the DOL does not actually do any work to confirm whether the job offer is legitimate and whether the job was actually available to American Citizens. Stop the abuse at the DOL and you will drastically reduce the H-1Bs used every year
😅 oh now we throwing titles. Well I’m an actual ISO and the mere fact that you are an attorney just throws all credibility out the window because of all individuals that actually practice immigration law attorneys are the worse. You don’t follow the law, regulations, or policies, you look for loopholes and way to try and outsmart ISOs. Try reading the USCIS policy manual for once instead of just using it as a chopping block to find what fits you best.
🤦🏻♂️ yes USCIS has the ability to revoke the H1B but cannot do anything to the LCA that is strictly DOL. Put another way NO LCA then there is NO H-1B. This is the point that you and many miss time over time. USCIS doesn’t certify the job availability it just determines that the petitioner is abusing by the terms of the LCA and the beneficiary qualifies for the position.
We all need to come together and push our lawmakers to end H1B and OPT.
The only way is to call your representatives senators governors, write to them online and write to them every week until they end the programs
Yes, USCIS adjudicates the H-1B petitions but without the LCA there is no submission of the H-1B petition. Fraud starts at the LCA step and is where it needs to be stopped. For example, even if USCIS denies a petition it cannot revoke the LCA even if fraud is suspected. Only DOL can revoke an LCA which essentially terminates the employment.
Yes, but the H-1B visa is just the endgame to the more elaborate scheme that starts at the F-1 visa. Everyone is so focused on the H-1B visa because it is what brings in foreign workers but completely forget that the new strategy is to start as an F-1 and progress to H-1B. The worse part that no one is talking about is that we have Universities who are actually offering foreign students Scholarships. So it is no longer just “well they are paying and bringing in all this foreign money for Universities” Now we have our own American Universities paying them to come here on a free ride while charging US citizens thousands of dollars for the same education.
6 AM Call to Action
If you have a colleague here on a visa who clearly cannot do their job, report them anonymously.
They are here on the promise that employers could not find qualified Americans. Part of that qualification is the ability to communicate effectively and perform the work at the required level. Your company's bottom line might be in jeopardy if you don't.
You can report this safely and anonymously.
- USCIS Tip Form: https://t.co/RvF91BTY75
- Department of Labor (Foreign Labor Certification issues): https://t.co/YxwGF1Q5Nw
- DOL Wage and Hour Division: 1-866-4-USWAGE (1-866-487-9243)
This is not about nationality. It is about competence. If someone cannot do the job they were sponsored for, they should not be in that role.