For years, consumers of the H-1B visa (multinationals) insisted they were bringing in the best and the brightest because America had too few, if any at all.
At the time, starting in 2008 (see: “Why Aren’t The H-1B Hogs Satisfied With The O-1 ‘“Extraordinary Ability’ Visa?” (11/18/2008), I tried to inform readers that the same H-1B visa brought in ordinary workers to displace Americans.
“More significantly, THERE was a visa category reserved exclusively for individuals with extraordinary abilities and achievement. It doesn’t displace ordinary Americans. It’s the O-1 visa. There is no cap on the number of O-1 visa entrants allowed. Access to this limited pool of talent is unlimited. More recently, I revisited the topic, explaining that,
“Extraordinary ability in the fields of science, education, business or athletics,” states the Department of Homeland Security, “means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.”
Ten years on, in 2018, immigration lawyers who make their living by “outsourcing American lives”, admit to the same. Via Forbes magazine:
“The drumbeat of an H-1B being intended to only bring the best and the brightest has been incessant the last three years or so. The problem is, of course, that was not the purpose of the H-1B and we already have a temporary visa for that – the O-1.”