Employers of H-1B foreign workers applying for green cards are obligated to post job openings to American-born workers. However, it is being reported that local newspaper job postings are directed toward immigrants.
In recent months, the San Francisco Chronicle has published job openings for prestigious tech firms like OpenAI and Instacart, advising applicants to submit their resumes to the “global mobility” or immigration offices.
Here's what US Department of Labor says
According to the Department of Labor, positions must be advertised openly, including in at least two prominent Sunday newspapers such as Chronicle's Sunday edition. Employers must also post job openings internally at the organisation, on a state workforce agency website, and through two other advertising channels of their choice.
“Americans are not aware that major companies are routinely discriminating against them for the simple fact of being Americans in their own country,” stated the group behind a website that searches for H-1B positions to share them with Americans, Newsweek reported, citing anonymous sources.
In light of the recent steep increase in college graduate unemployment, it is critical to address hiring discrimination that may continue to keep Americans out of work, they added.
{{/usCountry}}In light of the recent steep increase in college graduate unemployment, it is critical to address hiring discrimination that may continue to keep Americans out of work, they added.
{{/usCountry}}H-1B visa workers vs American residents: A look at current conflict
The potential trend once again draws attention to work-based visas, particularly the H-1B, which are advantageous to tech companies. It also highlights the ongoing conflict between the need for immigrant workers and whether or not businesses are hiring cheaper labor from abroad rather than hiring Americans or permanent residents.
OpenAI posted job openings for a software engineer in the San Francisco Chronicle, asking candidates to submit their credentials to a member of the “global mobility team,” as per Newsweek.
While Instacart offered several roles, with a similar department accepting applications, Udemy, a platform for online education, sought a director of marketing analytics and data science, directing candidates to send their resumes to “immigration@udemy.com.”
Are US firms violating H-1B regulations?
While it is not mandatory for employers to post job openings for US citizens before recruiting an H-1B worker, there are regulations around the so-called PERM procedure, which is the process by which employers seek to sponsor an immigrant for a green card.
They are supposed to demonstrate to the Department of Labor that the current H-1B holder is essential for the role required and it cannot be filled with an American worker.
Jobs.Now team claims that workers are manipulating the regulations to their advantage by posting the jobs at newspapers and avoiding online listings, Newsweek reported.
Such cases are being reported despite the fact that the Department of Justice under former President Joe Biden reached historic settlements with Apple and Facebook about their advertising practices in 2021 and 2023.