Immigrant Workers Do Not Impact Job Opportunities for American Citizens

Many believe that immigrant workers, brought to the United States with an H1B visa, are responsible for reducing the availability of positions for equally qualified American workers. While this may be the case with unskilled, illegal, immigrant workers, it just isn’t true when it comes to the types of positions filled by those who have obtained their H1B visa. The Labor Condition Application (LCA) makes sure of it.

What is the Labor Condition Application for H1B Visa Employers?

When an employer seeks to hire a foreigner to fill a highly skilled position, they are responsible for filing several documents, as well as sponsoring the immigrant. One of these is the LCA, which exists to ensure that foreign workers cause no degradation to the labor market (including job availability and wages) or working conditions for Americans. The LCA is designed to control several things, including:

1.       That the wages paid to an immigrant worker are equal to, or better than, wages paid to domestic workers

2.       That foreign workers are not hired as the result of a labor strike

3.       That those already employed are notified of the employer’s intent to fill the position with the help of an H1B visa

The LCA has undergone a number of changes, increasing in complexity and length over the years. For instance, it was just one page in 1997, but the most recent version is five pages long.

What Does the LCA Really Mean for Both Domestic and H1B Visa Workers?

The documents were designed to help protect domestic workers. This doesn’t mean that some employers won’t commit fraud when filing them, but it does deter them from hiring foreign workers for any reason other than a lack of skilled, domestic applicants.

Additionally, those with an H1B visa are permitted only to work for the sponsoring employer. There are instances in which these workers may transfer between employers, work for multiple employers, or work on multiple job sites, but they are all restricted and require the filing of additional paperwork. In general, an immigrant granted an H1B visa will only work with one company, for one specialized position, at a wage that is competitive with, or greater than, the age paid to domestic workers of a similar skill.

H1B Visa Fees Pay for Domestic Worker Education

One of the things commonly overlooked is the large amount domestic training and education taking place thanks to fees collected through H1B visa applications. $1 billion have been distributed for these purposes since 2001. The Employment and Training Administration has created two programs (Workforce Innovation Regional Economic Development and High Growth Training Initiative), which have contributed more than $500 million to the training and education of domestic workers since 2007.

In short, the H1B visa program provides employers with the opportunity to fill highly specialized positions, while also strengthening the domestic workforce. It is a program that is designed to improve the American economy, while simultaneously offering opportunities to foreign workers who may not be able to experience the same quality of life in their own country.