The H-1B visa allows U.S. employers to bring individuals into the United States to work for up to six years.  The individual must have at least a Bachelor’s degree  or specialization and be coming to the United States for a specific occupation. The Trump Administration recently put out a list of all H-1B employers to inform the public. In light of this action, many misconceptions have been made around H-1Bs.

One misconception is that H-1Bs are taking over the U.S. workforce and stealing jobs from Americans.

  • The new 9,356 H-1B petitions for the top seven Indian-based companies approved in 2016 represent only 0.006 percent of the U.S. labor force.
  • Another common misconception is that H-1B workers lower American workers’ salaries. In contrast, H-1B employees actually earn the same or slightly more than their U.S. employees in identical fields and age groups.
  • Lastly, many people believe that H-1Bs are especially taking IT positions that could be filled by Americans: But, in April of 2017, it was found that the unemployment rate in the U.S. for “computer and mathematical science” occupations was only 2.5 percent according to Bureau of Labor Statistics data.

Additionally, a Congressional Committee  announced that they would like to increase the wages for H-1B’s employees from $60,000 to $90,000. This would be the only way to stop U.S. workers from being hired initially. If the Trump Administration disagrees, this might threaten the innovation that comes with allowing for H-1B visas. Few companies only used 16% of new H-1B visas in 2016.

If you or anyone you know has a question about H-1B visas or how to apply, we have extensive experience in these filings. Contact Malik Law Firm at (646)-470-6859 or email us at We have years of experience with H1Bs and can assist you.


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