GAO, Justice Dept. seek H-1B visa reforms

14.01.2011

An often argued claim is that H-1B use is regulated by the economy, but the GAO said such a relationship to wages can't be inferred. "...[The] number of H-1B petitions tends to rise when wages and employment for U.S. workers are rising (although the number of approvals is limited by the H-1B cap), and to fall when wages and employment for U.S. workers are falling. However, this relationship does not reveal what the wage rates and employment rates of U.S. workers would have been in the absence of H-1B workers."

The GAO also found that over the decade, less than 1% of all employers with approved petitions were approved to hire almost 30% of all H-1B workers. At least 10 of the top 85 H-1B hiring employers in 2009 were companies, of which six have headquarters or operations in India.

The GAO report also maps the frustration of the business community in hiring H-1B workers. It includes criticism directed at the lottery by the government to pick H-1B visa winners once the cap is exceeded.

Businesses are unable to prioritize their candidates for the lottery, the GAO pointed out. The report also describes how some businesses, unable to get an H-1B visa for a job candidate, have employed the worker overseas and then transferred that person to the U.S. on an L-1 visa.

Visa-related paperwork was also a complaint, especially involving a government's "Request for Evidence," which is a formal request by the government for supporting documentation in a visa application.