A growing number of Indian professionals applying for US work visas are being confronted with a question many do not expect at their visa interviews: “Why can’t an American do this job instead of you?” Immigration attorneys report this question is appearing more frequently in H-1B, L-1B, and other employment-based visa interviews, particularly for workers in tech, consulting, and IT services.
What changed
According to immigration attorneys, the question is being asked more frequently in interviews for H-1B, L-1B and other employment-based visas, particularly for workers in tech, consulting and IT services sectors. Some lawyers say the trend aligns with the stricter approach to immigration seen during US President Donald Trump’s first administration.
Business immigration attorney James Hollis of McEntee Law Group has observed this pattern across his client intake. According to the reporting, attorneys should “Prep their clients to explain what is so special about their work before the interview so that they are ready to defend themselves if this question comes up.”
The phenomenon echoes prior policy pushes. Back in 2017, Trump signed the ‘Buy American, Hire American executive order’, directing US agencies to propose measures aimed at preventing immigration fraud and abuse while ensuring that H-1B visas were only given to the most-skilled or highest-paid applicants.
Why it matters
Visa interview outcome often turns on your client’s ability to articulate why the role requires their specific background. This question—framed as a labor-market challenge—forces an applicant to affirmatively defend their hire against a hypothetical U.S. worker claim.
The risk is substantial: a weak or unprepared answer can lead to a refusal under INA 214(c)(14)(E), the “specialty occupation” requirement, or grounds of inadmissibility under INA 212(a)(4)(D) (public charge, if the consular officer frames the hire as displacement). Applicants from India and Asia appear to face heightened scrutiny in particular industries.
Hollis also notes that applicants should “identify the knowledge, experience, and connections that they have that a US worker would not have.” This shifts the interview burden: instead of the employer (through PERM, if applicable) proving labor certification, the individual must prove their own uniqueness in real time.
Way forward
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Prepare a narrative pre-interview. Work with your client to document and articulate specific technical skills, certifications, specialized knowledge, or language fluency that justify the hire. Have them practice answering the “why not a U.S. worker?” question before the interview.
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Gather evidence of market need. Collect job postings showing similar roles, salary comparisons, and skills gaps in the U.S. labor market for the specific specialty occupation. Have your client bring or reference this data.
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Emphasize unique value. Coach your client to focus on differentiators: prior employment experience, client relationships, IP knowledge, or project history that a newly hired U.S. worker could not replicate.
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Consider filing timing. If your client is in an H-1B extension or L-1B stamping cycle, consult the State Department visa wait times tool and be mindful of consular post processing backlogs. Some practitioners may advise delaying consular processing if the current climate is especially hostile.
Disclaimer
This article is for informational purposes only and is not legal advice. The authors are not immigration attorneys, and this content does not constitute a substitute for consultation with a licensed immigration attorney licensed in your jurisdiction. Immigration policy changes without notice. Consular adjudication standards and visa interview questioning patterns may shift. Verify all information against current guidance from the State Department, your consular post, and your attorney.