On: Workers Betrayed by Visa Loopholes

[jbkung09]

I had the same misconception:

"despite common perceptions about the H-1B law, it does not require companies to recruit American workers before looking overseas."

[rb2k_ → jbkung09]

There is a posting requirement. You have to prove that you had the job opening advertised (newspaper, website, ...) and that no qualified Americans applied.

As usual, there are ways around that though.