How the H1-B's Standards Were Watered Down by Industry Lobbying

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Executive Summary

The H1 program was initially designed for exceptional individuals.
Through lobbying, the program’s standards were watered down to allow for large scale immigration from India.

Introduction

Multinational companies, immigration attorneys and H1-B visa holders have been lying about the actual standards that should apply for the H-1B program. This is explained in the following quotation.

The H-1 visa differed from the H-2 visa in that it did not require showing that Americans were not available for the job. It is clear from the legislative history that Congress originally intended that the H-1 visa would be restricted to truly extraordinary people, such as distinguished professors and other “outstanding scholars, sicentists and teachers of “exceptional ability whose services are needed in the country. Lawmakers mistaknely assumed that for a small cadre of high level intellectual elites and professional heavyweights, domestic protections would not be necessary.

If you read the plain text of the Immigration and Nationalization Act of 1952, you would expect a Nobel Prize winner coming to lecture at a university would fall into the H-1 category and an ordinary engineer woudl fall into the H-2 category. This turned out not to be the case.

A series of backdoor agency decisions wiped out labor protections in the H-2 program for many US workers. – Sold Out

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Conclusion

Upon our intensive research into the H1-B program, we have found repeated false statements and misstatements and false framings of the program by H1-B proponents. The dilution of the standards of the H1-B, a program that requires no evidence to be presented that the H1-B visa holder is not displacing US workers is yet another example of these false framings.

References

*https://www.amazon.com/Sold-Out-Billionaires-Bipartisan-Crapweasels/dp/1501115944/