[dennisw]

The H1B cannot be hired over an American. Having said that the H1B employee is the most expensive class of worker there is and companies avoid having to hire them if at all possible.

That's the theory and the law. In the real world it's flouted at every turn and I think you know that.

[Texasforever]

That's the theory and the law. In the real world it's flouted at every turn and I think you know that.

No I don't know that in fact all of the real evidence says otherwise. What is flouted is the myth about this program. The H1B program is not important enough for a business to endanger itself by breaking federal law over. It goes against all common sense to pay more for one class of worker just to keep a citizen from filling the job. If you think these H1B folks are stupid and don't know what they are entitled to under the law and that they will hesitate to go to the Feds if they feel they are being screwed then you don't know much about them. The is no incentive for companies to hire H1B applicants when the job can be done with either a regular hire citizen or a contractor who is also a citizen unless there is no other way.