H-1B Misinformation

Here's one from USA Today bemoaning the exhaustion of the H-1B quota.

In 2004, the Department of Labor approved 628,595 requests for high-tech
worker visas. However, Congress caps the number of high-tech worker visas, known as H-1B visas, at 65,000 a year. That means some companies don't get the high-tech workers they request, even though federal officials have found their need to be legitimate.
Kathy Kiely, 'Guest workers' at core of immigration dispute, Mar. 27, 2006

I'm sure this information came from a reliable industry source. All of these legitimate H-1B approvals but so few visas.

Never believe what you read in the newspapers.

Getting an H-1B visa is a three step process. The first of these (the one referred to above) is the filing of a Labor Condition Application (LCA) with the Department of Labor.

By statute, the only thing the Department of Labor can do with these forms is check to see if they are filled out correctly. DoL approval does not mean the request is "legitimate" as spun here. The DoL has asked Congress to be removed from this paper shuffling process.

So am I right or is USAToday right?

Look up 8 U.S.C. 1182 (n)(ii) and see for yourself.