H-1B Visa Applicants Are Being Asked: 'Why Can't an American Do This Job?'
Summary
U.S. officials interviewing H-1B visa applicants have recently been asking why U.S. workers cannot fill the jobs instead of foreign workers. This line of questioning aims to better understand the employer’s reasons for hiring a foreign worker and to review applicants’ specialized skills.Key Facts
- H-1B visas allow U.S. employers to hire foreign workers for specialized jobs requiring at least a bachelor’s degree.
- Consular officers at U.S. embassies have been asking H-1B visa applicants questions like "Why can't an American do this job?" more frequently.
- This questioning focuses on the employer’s rationale and the applicant’s unique qualifications.
- The H-1B program is limited to 85,000 new visas per year, including 20,000 for those with advanced U.S. degrees.
- Immigration lawyers say this type of question has been asked before but is now more common and direct.
- Applicants are advised to answer clearly and focus on why they were chosen for the position instead of comparing themselves to American workers.
- The increased scrutiny is part of broader government efforts to oversee the H-1B program closely.
- In 2024, President Donald Trump imposed a $100,000 fee on new H-1B visa petitions to prioritize highly skilled and highly paid applicants.
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