in the ongoing process H-1B visa Some applicants are being challenged on the basis that American workers are not qualified for the positions being offered, according to a new report.
Immigration attorneys told Newsweek that consular officials have been asking different types of questions, such as “Why can’t Americans do the job for you?”
The inquiries appear to be particularly common in cases involving specialized occupations, where officials are scrutinizing employers’ reasons for hiring foreign workers.
According to the current H-1B Under the regulations, employers must confirm that hiring foreign workers will not negatively affect the wages and working conditions of U.S. workers in similar positions.
Under current H-1B regulations, employers must confirm that hiring foreign workers will not negatively affect the wages and working conditions of U.S. workers in similar positions.
The H-1B program allows U.S. employers to recruit foreign workers for specialized occupations that require specialized knowledge and typically require at least a bachelor’s degree or equivalent. This program is primarily used in fields such as technology, engineering, and healthcare. Congress set an annual limit of 85,000 new H-1B visas, including 20,000 set aside for applicants holding advanced degrees from U.S. institutions.
H-1B approvals per 1,000 U.S. voters
Morgan Bailey, a partner at law firm Mayer Brown and a former senior official at the Department of Homeland Security, told Newsweek that she has seen an increase in such inquiries during consular interviews.
“Officials are increasingly asking H-1B applicants the question ‘Why can’t an American do this job?’ Or ‘What makes you so specialized that an American can’t do your job?'” Bailey said.
She noted that while similar investigations had been conducted during previous administrations, “frequency and directness” seemed to be more important now.
Bailey advises applicants not to sound rehearsed but to approach the interview like a job interview, articulating their education, professional experience and qualifications for the position “clearly, concisely and confidently.”
Why are H-1B applicants asked this question?
Instead of comparing themselves to American workers, Bailey advises applicants to focus on why the employer selected them for the position.
She further mentioned that she encourages clients to view discussions as a conversation and to view questions as stemming from genuine curiosity rather than defensive reactions.
USCIS directed Newsweek to seek further insight from the State Department, noting that H-1B interviews are conducted by consular officers at embassies and consulates abroad.
A State Department representative told Newsweek: Under President Trump, the United States has been unapologetic about increasing citizen opportunity and putting America First. visa policy. Of course, we are working with our partners to provide the necessary visas to encourage investment in the United States — which is at an all-time high thanks to President Trump — but we will also ensure that Americans have access to the opportunities and good-paying jobs they are qualified for. “
What should H-1B applicants do? This is a hint
Legal Experts Recommend H-1B visa Applicants avoid direct comparisons with U.S. workers in their responses. Instead, they should emphasize the specifics of the role and their own qualifications.
Applicants should emphasize why they have chosen the position, detailing how their education, experience, professional skills, and previous work with the employer make them a good fit for the position being offered.
Immigration attorney Nandini Nair told Newsweek she advises applicants to clarify that the position requires specialized knowledge, education or experience and that their background closely matches the employer’s requirements.
She further stated that their responses should be consistent with the information provided in the report. H-1B petition.
U.S. consulates increase social media screening starting in December 2025 H-1B Applicants, ask officials to assess the applicant’s online status as part of the adjudication process.
Lawyers say visas will continue to be approved despite increased scrutiny, but some applicants may experience delays or require additional review.
