The exact size of the H-1B labor force in the U.S. is uncertain because of a lack of accurate data. The U.S. sets a cap of 85,000 H-1B visas annually.

In the case of Vision Systems, the U.S. said the company "consistently hired only foreign workers in order to fill information technology positions within the United States." The government said "although the exact amount of loss to U.S. citizen workers has not yet been determined, there is no question that the amount of lost wages and benefits to U.S. citizens has been substantial."

Vision Systems attorneys, in court papers, dispute these allegations, and said "there is no exclusivity to a job's seeker's chance to apply for a job," and that anyone could apply. Vision Systems is fighting the charges and has filed for dismissal.

Regarding the broader issues raised by the government, Vision Systems attorneys suggested that the U.S. is politicizing the case, and that the government is arguing "that there is something illegitimate about the entire H-1B visa program, not just specific applications of it."

There are interesting arguments being raised in the courts by the U.S. over the H-1B visa. The U.S. Department of Homeland Security, and others from overturning the extension allowing foreign nationals with technical degrees to work on student visas from one year to 29 months, argued that the H-1B visa is needed .