Amid the ongoing H-1B visa issue, some applicants are being questioned about the inability of US workers to occupy the positions they have been offered, as per a new report.
Speaking to Newsweek, immigration attorneys said consular officers have been asking different kind of the question like “Why can't an American do this job instead of you?”
These inquiries seem to be particularly prevalent in cases involving specialty occupations, where officers are scrutinizing the employer's justification for hiring a foreign worker.
As per the current H-1B regulations, employers are required to affirm that the employment of a foreign worker will not negatively impact the wages and working conditions of US workers in similar roles.
According to the current H-1B regulations, employers are required to confirm that the employment of a foreign worker will not negatively impact the wages and working conditions of US workers in similar roles.
The H-1B program permits US employers to recruit foreign workers for specialty occupations that necessitate specialized knowledge and generally require at least a bachelor's degree or its equivalent. This program is predominantly utilized in sectors such as technology, engineering, and healthcare. Congress has established an annual limit of 85,000 new H-1B visas, which includes 20,000 set aside for applicants holding advanced degrees from US institutions.
{{/usCountry}}The H-1B program permits US employers to recruit foreign workers for specialty occupations that necessitate specialized knowledge and generally require at least a bachelor's degree or its equivalent. This program is predominantly utilized in sectors such as technology, engineering, and healthcare. Congress has established an annual limit of 85,000 new H-1B visas, which includes 20,000 set aside for applicants holding advanced degrees from US institutions.
{{/usCountry}}H-1B approvals per 1,000 US voters
Morgan Bailey, a partner at Mayer Brown and a former senior official at the Department of Homeland Security, informed Newsweek that she has observed an increase in this type of questioning during consular interviews.
"Officers are increasingly asking H-1B applicants some variation of 'Why can't an American do this job?' or ‘What makes you so specialized that an American cannot do your job?’" Bailey stated.
She noted that while similar inquiries were made during previous administrations, the current "frequency and directness" appear to be more significant.
Bailey advised applicants to refrain from sounding rehearsed and to treat the interview as they would a job interview, articulating “clearly, concisely, and confidently” about their education, specialized experience, and qualifications for the position.
Why H-1B applicants are being inquired about this
Instead of drawing comparisons with US workers, Bailey advised that applicants should concentrate on the reasons the employer has chosen them for the position.
She further mentioned that she encourages her clients to approach the discussion as a dialogue and to view the question as one stemming from genuine curiosity rather than reacting defensively.
US Citizenship and Immigration Services directed Newsweek to the State Department for further insights, indicating that H-1B interviews are carried out by consular officers at embassies and consulates abroad.
A representative from the State Department informed Newsweek: Under President Trump, the U.S. is unapologetic in enhancing opportunities for our citizens and implementing America-first visa policies. Of course, we are working with partners to facilitate the visas necessary to encourage investment into the US—which is at historic highs because of President Trump—but we will also ensure that Americans have access to opportunities and high-paying jobs to which they are qualified."
What H-1B applicants should do? Here's the tip
Legal experts recommend that H-1B visa applicants refrain from making direct comparisons to US workers in their responses. Instead, they should emphasize the specifics of the role and their own qualifications.
Applicants ought to highlight the reasons for their selection for the position, detailing how their education, experience, specialized skills, and previous work with the employer make them suitable for the offered role.
Immigration attorney Nandini Nair informed Newsweek that she advises applicants to clarify that the position necessitates specialized knowledge, education, or experience, and that their background aligns well with the employer's requirements.
She further noted that their responses should be consistent with the information provided in the H-1B petition.
Since December 2025, US consulates have implemented enhanced social media screening for H-1B applicants, mandating that officers assess applicants' online presence as part of the adjudication process.
Attorneys have indicated that visas continue to be granted despite this increased scrutiny, although some applicants may experience delays or require additional review.