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H-1b is not limited to case where no American is available
Gates states "I urge [congress] to support changes to the H-1B visa program that allow American businesses to hire foreign-born scientists and engineers when they can't find the homegrown talent they need." But that is not how H-1b works: There is NO REQUIREMENT that employers first seek and consider qualified U.S. workers. If there were such a provision, the current 65,000 cap would never be reached. The "H-1b solution" is not to raise the quota, but rather to limit its use to those rare cases in which qualified Americans are not available.

Employers can legally ignore a stack of resumes from qualified Americans and sponsor an H-1b worker instead. The Bee reported last fall that California Department of Transportation was sponsoring H-1b civil engineers even when qualified Americans were reachable on the civil service list.
Posted by: Programmers Guild   Posted on: 02/27/07 You are currently: a Guest | Members login | Terms of Use
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H-1b is not limited to case where no American is available  Programmers Guild | 02/27/07
DOL prevailing wage is a sham  Programmers Guild | 02/27/07
Sufficent number of Americans entering the profession  Programmers Guild | 02/27/07
Microsoft doesn't innovate, it duplicates, it needs really cheap engineers  jake_leone | 02/27/07

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