‘H-1B Only’ Job Ad Posters Accused of Discrimination

Via eWeek.com
June 20, 2006

The Programmers Guild, an IT worker interest group, has filed 300
discrimination complaints so far this year against companies alleged to
have posted “H-1B visa holders only” ads on job boards.

“Abuse of the H-1B program has become so widespread that
companies apparently feel free to engage openly in the practice. And we
are only reviewing ads for computer programmers,” Programmers Guild
founder John Miano said in a statement June 19.

The actions have been filed with the U.S. Department of
Justice, Office of Special Council for Immigration-Related
discrimination, contending that specific employers have created
“Americans need not apply” job postings on both Monster.com and

These job ads are accused of disregarding the Immigration and
Nationality Act, which makes it illegal to discriminate against U.S.
workers on the basis of immigration status.

Miano cites examples from postings on Dice.com and Monster.com
in a release, with lines such as “We require candidates for H1B from
India” and “We sponsor GC [green card] and we do prefer H1B holders.”

Several of the ads included free training and interview preparation,
according to the complaint, while others included more flagrantly
illegal maneuvers.

“We have postings for arrangements where the ’employee’ finds
his own work and the ’employer’ takes a cut of the earnings. Many
‘high-tech companies’ obtaining H-1B visas operate out of apartments
and Mailboxes Etc.,” said Miano.

Miano said he considers the offers to teach foreigners particularly offensive in light of the fact that nearly half the money collected from H-1B visa fees is given to training programs to bring U.S. workers’ skills up to speed.

The U.S. Citizenship and Immigration Service announced June 1 that the 65,000 H-1B visa supply has been exhausted for the 2007 fiscal year, four months before new ones would be made available.

This news came on the heels of the U.S. Senate passing the immigration reform bill May 25, which included a provision to raise the H-1B visa cap to 115,000 from 65,000.

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