H-1B Visa Applicants Are Being Asked: ‘Why Can’t an American Do This Job?’

Some H-1B visa applicants are being asked why a U.S. worker could not fill the positions they have been offered, immigration attorneys told Newsweek.

Attorneys say consular officers have recently been asking applicants variations of the question: “Why can’t an American do this job instead of you?” The inquiries appear most common in specialty-occupation cases, where officers are probing the employer’s reasons for hiring a foreign worker.

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U.S. Citizenship and Immigration Services referred Newsweek to the State Department for comment, noting that H-1B interviews are conducted by consular officers at embassies and consulates overseas. Newsweek has contacted the State Department for comment via email.

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The interview questions come amid broader efforts by the administration to tighten oversight of the H-1B program.

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Attorneys said H-1B visa applicants should avoid directly comparing themselves to U.S. workers when responding and instead focus on the nature of the role and their qualifications.

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Since December 2025, U.S. consulates have introduced expanded social media screening for H‑1B applicants, requiring officers to review applicants’ online presence as part of the adjudication process.

Attorneys said visas continue to be approved despite the added scrutiny, though some applicants face delays or additional review.