The H-1B employer is not required to recruit U.S. workers, unless it is H-1B dependent (see WH Fact Sheet #62C), a previous willful violator of H-1B requirements (see WH Fact Sheet #62S), or an employer receiving funding described in the Employ American Workers Act (EAWA) which hires a new H-1B worker during the period Feb. 17, 2009 through Feb. 16, 2011, (see WH Fact Sheet #62Z).
Such employers must take good faith steps to recruit U.S. workers for any job for which they seek H-1B workers.
https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruitment
