US Big Tech Accused of Skirting H-1B Rules via Newspaper Ads

(U.S.) U.S. Big Tech firms are under fresh scrutiny for alleged abuse of the H-1B program through manipulative newspaper job listings, a practice watchdogs say can mask real hiring plans while technically meeting recruitment rules. The renewed focus follows major Department of Homeland Security and U.S. Citizenship and Immigration Services changes that took effect on January 17, 2025, tightening oversight and cutting off known loopholes.

USCIS reports a 38% drop in H-1B filings for fiscal year 2025, to 470,342 from 758,994 the year before, reflecting both enforcement pressure and the tech slowdown. According to analysis by VisaVerge.com, the combination of tougher rules and market conditions has reshaped the spring H-1B season and put hiring practices by U.S. Big Tech firms under a brighter spotlight.

Background: How the Alleged Manipulation Worked

For years, critics have argued some employers met the letter of the law while missing its purpose: to fill real specialty roles when qualified U.S. workers aren’t available.

• Investigations found employers running newspaper job listings that did not match the jobs later offered to foreign workers.
• Some postings used watered-down descriptions that would not attract the right U.S. applicants.
• In some cases, ads directed job seekers to immigration lawyers rather than HR teams, further obscuring the hiring process.

A widely cited 2007 video showed an immigration lawyer saying the goal for some was to meet recruitment steps “as inexpensively as possible,” not to find local talent. Critics say these tactics let firms check boxes without making a real effort to hire domestically.

Policy Changes Overview

USCIS and DHS say the 2025 reforms target those weak points. The rule package—informally called the H-1B Final Rule—tightened eligibility, added compliance checks, and reworked parts of the annual selection process.

Key elements include:

• Elimination of the “multiple registration” loophole: Moved the system toward a single-entry model to reduce gaming and mass submissions tied to outsourcing.
• Expanded enforcement tools: Increased targeted site visits to confirm worksites, wages, and employer-employee relationships—especially for third-party placements.
• Stricter attestations: Employers and beneficiaries must make stronger attestations, with a focus on truthful recruitment advertising.

If an ad misstates the job or the requirements, officers can treat that as a red flag for the whole case.

Paperwork was updated as well. The revised Form I-129 for nonimmigrant workers now mirrors the policy updates and asks more detailed questions about worksites, supervision, and placements. Employers must use the current version available on the USCIS website: Form I-129, Petition for a Nonimmigrant Worker.

For program guidance and updates, USCIS maintains an H-1B information page: USCIS H-1B Specialty Occupations.

Effects on Filings and Market Behavior

• USCIS data show a 38% decline in filings for FY2025, which aligns with reduced duplicate entries and a tech hiring slowdown.
• Immigration attorneys and recruiters report fewer duplicate entries and a more level playing field across employers.
• Advocates for U.S. workers view this as evidence of less bulk registration by high-volume filers and a closer link between job offers and real needs.

While fewer filings may lengthen odds for some applicants, supporters say the shift reduces opportunities for employers to flood the system with registrations.

Impact on Employers

The message for employers—especially Big Tech and staffing companies—is clear: recruitment must be real. That entails:

• Job postings (print and online) must match the petition in duties, skills, location, and pay.
• Ads should not steer applicants away from HR or hide application channels.
• Companies placing workers at client sites should retain:
  • Contracts and work orders
  • Supervision plans
  • Proof that jobs are ongoing and meet wage rules

Consequences for noncompliance include petition denials, revocations, or even debarment from the H-1B program.

Impact on Applicants

For H-1B candidates, the process may feel tighter but fairer:

• The single-entry approach reduces advantages for employers who once flooded the lottery with multiple registrations.
• Applicants should expect more scrutiny about:
  • The real nature of the job
  • Work location and supervision
  • Whether the employer pays the required wage
• Candidates placed at third-party sites can expect added documentation checks.

These measures aim to ensure approved cases rest on solid, real offers rather than paper-only roles.

Ongoing Debates and Concerns

U.S. workers and labor groups continue to press concerns:

• Some companies still post ads unlikely to attract qualified local candidates or craft requirements favoring preselected H-1B hires.
• Wage levels remain contentious—analysts urge stronger measures to ensure salaries meet or exceed local medians and reflect true specialty skills.
• Third-party contracting models face criticism for potentially undercutting pay and blurring responsibility for working conditions.

Experts note progress—especially appreciation for the single-entry system and sharper Form I-129 questions—but warn enforcement must keep pace. DHS and USCIS officials say they are committed to ongoing checks via the Administrative Site Visit and Verification Program and will reject or revoke cases that fail the new standards.

Related Policy Moves

President Biden’s team has also moved to accelerate pathways for U.S. college graduates and DACA recipients, aiming to retain talent educated in the United States without overreliance on the H-1B lottery.

• Supporters argue these steps can reduce pressure on H-1B while keeping high-skill workers in the country.
• Critics say without stricter wage and recruitment rules, companies may still default to cheaper labor channels.

What’s Next for Enforcement

Expect the following through 2025:

• More guidance from USCIS on how employers must prove honest recruitment.
• Possible further instructions on attestations related to ads, posting content, and proof U.S. applicants were fairly considered.
• Continued attention from lawmakers to update wage floors and recruitment rules, driven by reports about Big Tech and staffing vendors.
• Persistent advocacy for transparency—clear ads, public postings matching petitions, and accessible application routes for local candidates.

Practical Steps for Employers and Workers

Employers should:

1. Audit all job postings to ensure consistency with petitions and client contracts.
2. Confirm job titles, duties, pay ranges, worksites, and application channels match documented offers.
3. Keep records of U.S. applicants, interview notes, and recruitment steps.
4. Train recruiters to avoid routing applicants to law firms and to refrain from downgrading public-facing role descriptions.

Workers should:

• Save job ads, offer letters, and relevant emails—these records can be crucial if USCIS questions a case later.

The stakes are higher this year. With stronger site visits, tighter attestations, and the end of multiple registrations, the H-1B program is moving closer to its original promise: real specialty jobs filled when the talent gap is genuine, not just on paper.