Corporate Employers Seem to Expect to Win 100% of the Time on H-1B Issues

By David North on August 3, 2018

Suppose your favorite Little League football team has been winning its games by a margin of 85 to 15.

Then, suppose that the average winning margin dipped to 78 to 22.

Would the coach and the parents and the players then scream at the referees, and seek the ouster of the Little League commissioner who allowed the nasty, biased refs to permit such terrible treatment of your favorite team?

Well, probably not; as a 78 to 22 margin of victory would seem to be at least acceptable to rational observers.

But do not expect that kind of reasonable reaction when America's corporate employers are finding that they are only winning 78 percent of their cases when seeking to save oodles of money by hiring H-1B workers, rather than citizen workers.

Forbes recently ran a column by that life-long cheerleader of foreign worker programs, Stuart Anderson, complaining that:

Trump Officials are guaranteeing America will not have to the talent [it needs] ... by blocking the entry of foreign-born scientists and engineers.

Never mind that "entry" is largely misleading, as a large percentage of new H-1B workers are already here on some other visa.

Anderson goes on to cite the apparently alarming statistics that showed, when one compared the third quarter of FY 2017 to the fourth quarter of the same year, that the H-1B denial rate had crept up from 15.9 percent to 22.4 percent. He complained about the increase in Requests for Evidence forms sent to some employers; these are staff inquiries about some aspect of a specific H-1B application.

Clearly there is an overwhelming sense of entitlement here. The nasty old government is letting the employers avoid the American labor market only 78 percent of the time.