H-1B Visa: US Warns Employers Against Prioritizing Foreign Workers Over Americans – Here’s What Was Said

Washington: The US is taking strict measures against illegal immigration, including action against illegal immigrants by the Trump administration. Meanwhile, the US has recently appealed to employers to stop contributing to the immigration crisis or abusing the legal immigration system through illegal preferences against American workers.

The US Equal Employment Opportunity Commission (EEOC) has said that it will enforce anti-discrimination laws against employers who 'illegally give preference to non-US workers.' Recently, EEOC Acting Chair Andrea Lucas said that the commission is giving notice to employers and other covered entities.

'Stop abusing the legal immigration system'

Andrea Lucas told employers, "If you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system through illegal preferences against American workers, you must stop doing it." She further said, "Many employers' policies and practices give preference to illegal aliens, migrant workers and visa holders or other legal immigrants over American workers, which is a direct violation of federal employment law prohibiting national origin discrimination."

Lucas described bias against American workers as 'a major problem in many industries'. The acting chairman said that the EEOC has investigated and prosecuted employers who discriminate against American workers, but the scope of the problem is so wide that in-depth investigation and enforcement is required from the EEOC and in collaboration with other federal agencies.

Controversy over H-1B visa

One such legal way for foreign workers to get a job in America is the H-1B visa. The crux of the issue is that many Americans believe that foreigners are taking away their jobs through H-1B visas. According to the American Immigration Council, research shows that H-1B workers complement American workers, fill employment gaps in many STEM occupations and expand job opportunities for all, reports Financial Express.

The H-1B visa is a temporary non-immigrant visa that allows companies to hire highly educated foreign professionals in specialty occupations. It requires applicants to have at least a bachelor's degree or equivalent. People often find jobs in mathematics, engineering, technology and medical science fields through this visa. The H-1B visa is typically valid for three years, although it can be extended to six years in total.

H-1B workers do not undercut other employees' wages

According to the report, data available with the American Immigration Council also shows that H-1B workers do not earn lower wages or undercut the wages of other employees. The average salary of an H-1B employee in 2021 was $108,000, while it was $45,760 for US employees in general. In addition, the average salary of H-1B employees has increased by 52 percent between 2003 and 2021. The average salary of all US employees increased by 39 percent during the same period.

USCIS has taken measures to prevent misuse of H-1B visa

USCIS has taken several measures to prevent misuse of H-1B visa. To prevent misuse of the H-1B registration process, USCIS had implemented a beneficiary-centric selection process, under which each beneficiary must be registered under only one passport or travel document.

The EEOC aims to prevent illegal immigration and legal immigration abuse by strengthening anti-employment discrimination laws against employers and staffing agencies that illegally benefit non-US workers.