Is it necessary to show that the position is not taking a job from an American?

Under H-1B, the employer does not need to explicitly demonstrate that hiring a foreign professional displaces an American worker. That is not the mechanism the program uses to protect the local labor market.

The protection comes primarily from the Labor Condition Application (LCA). Through it, the employer commits to offering wages and working conditions consistent with the prevailing standard for the role, so as not to adversely affect local workers.

In other words, the responsibility rests on compliance with the rules set by the U.S. Department of Labor, not on a direct comparison with American candidates for that specific position.

If you have questions about how the LCA applies to your situation, review the official guidance and, when needed, consult an immigration professional.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.