US govt sues Facebook for favoring H-1B visa workers over US workers
3 min read
The US Justice Department has filed a claim against Facebook alleging it is oppressing US workers by recruiting individuals on H-1B visa workers and other temporary work permits. Facebook was among the main five recipients of all-new H-1B visas gave in FY2019. As indicated by information from US Citizenship and Immigration Services (USCIS). It was among the main six organizations supporting green cards for employees during a similar period.
The claim alleges that Facebook would not hire, consider, or recruit qualified and available U.S. workers. For more than 2,600 positions Facebook, instead reversed for temporary visa holders. It sponsored for permanent work authorization (green cards) regarding the permanent labor certification process (PERM). The positions that subject to Facebook’s alleged discrimination against U.S. workers offered an average salary of approximately $156,000, said the Justice Department, in a press release.
The Department of Justice’s claim alleges that Facebook engaged in intentional and widespread violations of the law. By setting aside positions for temporary visa holders as opposed to considering interested and qualified U.S. workers, said Assistant Attorney General Eric S. Dreiband of the Civil Rights Division. This claim follows an almost two-year investigation into Facebook’s practices. And a ‘reasonable cause’ determination by the Justice Department’s Civil Rights Division.
Our message to workers is clear: if organizations deny employment openings by illegally preferring temporary visa holders. The Department of Justice will hold them responsible. Our message to all employers — including those in the technology area — is clear: you can’t illegally prefer to recruit, consider, or hire temporary visa holders over U.S. workers.
In recent years, American tech organizations have arisen as the greatest clients of the H-1B and PERM programs.
H-1B Visa Workers
The department’s lawsuit alleges that from Jan 2018 to Sep 2019, Facebook employed tactics that oppressed U.S. workers and routinely preferred temporary visa holders (including H-1B visa holders)for occupations regarding the PERM process. Facebook tried to channel jobs to temporary visa holders at the expense of US workers by failing to promote those opening on its professions site, expecting candidates to apply by physical mail only, and refusing to consider any U.S. workers who applied for those positions.
Interestingly, Facebook’s usual hiring process depends on recruitment methods. Designed to encourage applications by promoting positions on its careers site. Tolerating electronic applications, and not pre-choosing applicants to be hired based on a candidate’s immigration status, according to the lawsuit.
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The department concluded that during this period, the organization got Facebook gotten zero or one US worker candidate for 99.7 percent of its PERM positions. While comparable positions at Facebook were publicized on its careers site. During a similar time period typically attracted 100 or more candidates each.
The release said that these practices also have adverse consequences on temporary visa holders. By creating an employment relationship that isn’t on equivalent standing. Such temporary visa holders often have restricted occupation mobility. And subsequently are probably going to stay with their organization until they can change status, which for some can be many years. Indians as of now face the longest wait times to change their status to permanent residency under this program. As of April 2020, there were 800,000 Indians in line for an employer-sponsored green card.
