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I downvoted your comment due to the irresponsible conjecture:

> They usually leave the H1B Visa workers intact

For filing an H-1B an employer does not need to "file justifications for not being able to find an equally qualified person in USA".



They do have to attest to this:

"Employment of the H-1B worker will not adversely affect the working conditions of workers similarly employed in the intended area of employment"

It would be difficult to honestly attest to that if you haven't made a good faith effort to hire for the position from the local labor pool.


> irresponsible conjecture.

More like mis-informed assertion on your part. The filing employer is REQUIRED BY LAW to prove that they couldn't find an equally qualified person in USA.. They are required to post a job listing and vet applicants. The H1B abusers like Microsoft, Infosys skirt around this by putting an ad in an obsure local newspaper that no-one is going to read. And even if someone applies the Hiring Manager finds some grounds to reject the applicant without legally getting into a pickle ("ex: candidate failed verbal tech interview etc).

See: https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62M...

and

https://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupati...


That's part of the green card process, not H1B. None of your references support what you wrote.


H1-B employers must attest to this:

"Employment of the H-1B worker will not adversely affect the working conditions of workers similarly employed in the intended area of employment"




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