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DOJ Cautions Employers Seeking H-1B Employees Not to Discriminate Against U.S. Workers

The Justice Department cautioned employers filing H-1B petitions not to discriminate against U.S. workers. The warning came as the federal government began accepting employers’ H-1B visa petitions for the next fiscal year. The H-1B visa program allows companies in the United States to temporarily employ foreign workers in specialty occupations such as science and information technology. The antidiscrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against U.S. workers because of their citizenship or national origin in hiring, firing and recruiting. Employers violate the INA if they have a discriminatory hiring preference that favors H-1B visa holders over U.S. workers. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. Applicants or employees who believe they have been discriminated against based on their national origin, citizenship or immigration status can contact the Immigrant and Employee Rights Section. The IER can be reached via email at and via phone at 1-800-255-8155.

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