But this preference requirement sometimes prompts sponsoring employers to post job ads with very specific requirements that all but assure that the foreign worker is the person who is ultimately hired. Critics have long called these "fake" job ads.
Merit-based H-1B distribution may be include giving preference wages in a visa distribution, as well as giving visa preference to graduates of U.S. universities, and especially to advanced degree holders.
The administration faces challenges in H-1B reform. Any executive order that seeks to change the H-1B system will likely face a court hurdles from industry, which will challenge the administration's ability to change the visa without legislation.
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