Re:Fired Americans Say Indian Firm Gave Their Jobs to H-1B V...
by hash872 on Sunday March 31, 2024 @05:10PM
(#39888099)
You absolutely can discriminate on the criteria of 'will this person require a visa now or at any point in the future', and tons of companies put that requirement right in their job postings. If your company told you otherwise they are mistaken
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Re:Fired Americans Say Indian Firm Gave Their Jobs to H-1B V...
by ripjaygn on Sunday March 31, 2024 @05:17PM
(#39888137)
From https://www.eeoc.gov/national-origin-discrimination
> The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract
Re:Fired Americans Say Indian Firm Gave Their Jobs to H-1B V...
by hash872 on Sunday March 31, 2024 @05:23PM
(#39888179)
Your quoted text says 'unless required to do so by law, regulation'.
H1-Bs would legally require a visa transfer to switch employers, and the company can simply choose to not sponsor or transfer that visa. Thus, the worker is not eligible to work for them. Here are 3 immigration attorneys explaining this in another way https://www.avvo.com/legal-answers/can-a-company-refuse-to-c...