Monday, January 17, 2011

GAO recommends H-1B changes

The Government Accounting Office is Congress’ “Investigating Arm.” Congress often tasks the GAO to explore potential improvements to all sorts of government programs. One recent GAO task was to examine the H-1B program and to suggest recommendations to the program.

On Friday the GAO released its recommendations. Traditionally these recommendations are given consideration but are rarely implemented because of the political nature of immigration policy. Some of the recommendations require Congressional approval. Other recommendations only require Presidential (Executive) action. Still, these recommendations cast a light into the thinking of some of the brighter minds in the government.

MU’s summary of the recommendations are below the links to the report.

GAO Recommendations

MU Summary of the GAO Recommendations

Recommendations requiring Congressional action

1. Consolidating the LCA so that it is filed with the USCIS, not DOL.
2. Granting USCIS subpoena power.
3. Holding staffing companies’ end-clients responsible for H-1B and LCA rules.

Recommendations requiring Executive Action

1. Better electronic links between USCIS and the Consulates and Embassies of the Department of State.
2. Better distribution of the H-1B numbers, such as allocating ¼ of the H-1B cap in quarterly batches and allowing employers to “rank” their desired H-1B petitions.
3. Allowing Petitioners with a strong compliance history to file streamlined H-1B Petitions.
4. Creating a webpage where all employers must post H-1B positions
5. Improve the DOL’s electronic database.


  1. Hi chris
    Do you know how we could go from EB3 to EB2 or how we can get H1B visa instead of waiting so long in EB3 .I am a nurse from Iran my priority date is oct 2006 .Do you know how long i should wait to get my visa ?My visacreen was about to expire i passed the ielts exam and renew my visascreen .I am tired of these things.I am glad to find this site .I hope you could help me in my questions

  2. Hi Negaresh,
    The only way to get an EB2 for a nurse is to be sponsored by a facility that is seeking to employ you in a managerial position that usually requires a Masters in nursing or BSN+5 years experience. Suffice it to say, it is very difficult to find such an employer.

  3. Thank you for your helpful information.


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