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The H-1B Visa is for professional-level jobs that require a minimum of bachelor's degree in any specific academic field. To be eligible for the H-1B Visa, any employee must have the degree or the equivalence of such a degree through education and experience.
An employer must file a "Labor Condition Application" (LCA) with the Department of Labor where it needs to be demonstrated he is paying the required wage for this position in the geographic region where the job is located. US immigration law specifically limits the approval process so that LCA’s may only be rejected if incomplete or obviously inaccurate details are provided by the employer
There are widespread myths related to procurement of the H-1B visa, among which most prominent is the one related to the fact that an employer has to prove that he could not find any U.S. workers and hence had to proceed with hiring H-1B workers. The fact is that the law does not require employers to prove there are no American workers available to perform the work. US law, in fact, appreciates fair employment opportunities and this is true for those companies with more than 15% of their workers on H-1B visas.
A law was passed to accommodate an H-1B expansion that drew support from a number of different groups, including campaign donations from corporate interests and from persons who support the arrival of persons from abroad who are highly skilled. Some economists saw this expansion as an assault on the American and beneficial only for the wealthy, few economists point out that hiring foreign workers provide more benefits to the U.S., as companies would start outsourcing their jobs otherwise.
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