- It is illegal to show a preference for H1-B workers.
- However, several companies have been caught advertising for H1-B visa holders only.
The initial intent of the H1-B program was only to bring in H1-B foreign workers if a domestic worker could not be found. However, with the lower cost and more hours worked by H1-B workers, any pretense of not displacing US domestic workers has evaporated.
In 2012, a separate IT recruitment watchdog group, Bright Future Jobs, published an analysis of one hundred IT ads on Dice.com restricting applicants by national orgin. The group reported that 37 percent of the ads “made no mention of IT job terms or skills in the ad title. Instead, they contained only references to visa types.” In other words: Foreign workers only need apply. “The public is led to believe that companies can’t find Americans to fill high tech jobs when, in fact, they are not searching for Americans — as these ads show. Bright Furture Jobs founder Donna Conroy warned.” – Sold Out
How high can the “skills” be if the advertisement is for the visa and not the actual skill? This is damning evidence against the supposed high skills brought by H1-B workers which we also cover in the article How Industry Lobbyists Make False Claims Around US Skills to Justify Cheap H1-Bs, and the article How the Purple Squirrel Syndrome Drives Fake IT Shortages.
The H1-B visa workers is MORE desirable than the US citizen worker in many cases, because they get paid less, can’t push back on things like overtime, and are more controllable than US citizens. There is little doubt that if companies had their way, they would like to convert all US citizens to H1-B workers so that they could have a more appealing labor situation for themselves.