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> The employer has to prove that they have tried and failed to hire a US worker qualified and willing to do the job for the prevailing wage. No they don’t. You
by returningfory2 3y ago
> The employer has to prove that they have tried and failed to hire a US worker qualified and willing to do the job for the prevailing wage.
No they don’t. You’re probably thinking about the requirements for employment based green cards, which do require a labor market test. The H1B does not.
- foogazi 3y agoYes they do, H1B employer has to advertise the H1B job Companies list the H1B eligible position and salary internally and externally specifically for compliance
- returningfory2 3y agoNo, they don’t have to advertise the position. They have to disclose that they are hiring H1B workers. It’s a huge difference. In particular, there is no mechanism by which the disclosure can lead to a US worker applying for the job and blocking the H1B hire. For H1B there’s simply no labor market test.