It will also provide information about the demand for technology worker visas. Employers currently can petition for part- time workers. Companies doing this may be marginal operations that have trouble meeting the requirements of the H-1B program. Under current law, there are no minimum requirements for an employer to file an H-1B petition. The provision of current law that allows aliens to substitute work experience for a degree is eliminated.
Current provisions encourage overstated and specious claims as to work experience.
When an alien applies for an H-1B visa based on a degree from an educational institution outside of the United States, it must be verified by a consular office or its designee located in the country where the degree was granted. The individuals most able to verify foreign degrees are Department of State officers working in the countries where the diplomas are supposedly or they can consult private credentialing services working for the State Department. An H-1B petition must be filed on behalf of any alien who is coming to the United States to work in a specialty occupation regardless of the source of the alien's pay. Employers who pay aliens from a source outside the U.S. can use this provision to avoid labor attestations and other requirements of the H-1B program designed to protect U.S. workers. This provision will help enforce current provisions of the law.