How Congress Built a Rubber Stamp: Inside the Law That Makes H-1B Denials Nearly Impossible

DOL’s own regulations limit review of a Labor Condition Application to checking for missing paperwork and “obvious inaccuracies” — not whether the employer’s attestation is actually true (20 CFR §655.740(a)(1)). GAO told Congress as much in 2011: the review is “cursory and limited by law,” and a DHS study found 21% of examined H-1B petitions involved fraud or technical violations. Eleven years of DOL’s own LCA and PERM disclosure data show what that produces — a 0.90% denial rate on 7.9 million H-1B filings since 2015, versus 4.72% for PERM, the sibling program that actually requires documented recruitment. This is a follow-up to our FLAG contract-history report: not who built the system that processes these applications, but what the law actually requires it to enforce.

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