The industry lobby is very adamant on presenting a distorted perception of the work visa under H-1B. The lack of information amongst the worker advocates and policymakers have made it difficult the possibility of efficient reforms.
What is actually required is that a few questions must be included in the labor condition application that is filed by the firms to secure approval for the approval to recruit under the H1-B work visa. This could include the details regarding the mean age of the STEM workers in the company and the number of fresh and latest degree holders in the employees hired as STEM workers, as quoted by the Economic Populist.
The firms can also be asked the number of the applicant from the US who were interviewed for the STEM job offers and the number of US natives who were given the job offers. They can also be asked the increase in the pay that has been made effective to these job offers when compared to last three years.
The labor condition application must also question the employer whether the post graduate or doctoral degree that is specified for the job is actually required. If it is required the need has to be explained by the firm. The responses provided by the firms can be used for collecting the relevant data that is needed for the H1-B visa rather than as basis for denying the LCA.
The investigation that has been sought by Donald Trump from the AG says extreme caution has to be exercised by the AG when it comes to the firm’s claim of scarcity of workers. The example that can be considered is the scarcity of fresh computer science graduates as informed by the industry lobby.
This is not completely accurate as a majority of the software engineers do not possess a computer science degree. In most of the cases where in the firms claim the scarcity, they actually mean scarcity of youth applicants.
The investigating officers must also be cautious of fake requirements of jobs. They must also be utilizing the valuable information from the OES data as also the information from National Association of Colleges and Employers.
The AG must also send some teams to visit the Human resource offices at some of the companies that make use of the maximum number of H1-B visas. For instance, this could be more than ten per cent STEM workers across diverse sectors and in various locations.
This data must be used to analyze the reasons for rejection of the US job applicants. This must again be done for collating information than as a basis for rejecting the visas.
The majority of the workers recruited under the H1-B visas are hired as overseas students from campuses of universities and colleges. At present more than half of the under graduate program students are overseas immigrants and in certain cases it is more than ninety per cent. The investigating officers must make a particular note of this situation.