I&#x27;m pretty sure you&#x27;re conflating H-1Bs and Green Card applications. H-1Bs do not have this stipulation, and you&#x27;re not required to put out ads for the position (like you do for green card labor certs).<p>The only stipulations for H-1Bs are that you work in a specialized field as described by USCIS, that you have the requisite degrees (and that the position requires those degrees), and that you&#x27;re paid market salary. Whether the &quot;market salary&quot; describes the actual market is another issue, and should be enforced by the government.