H1b Visa Employment Discrimination

By Tiara

Employers that discriminate against applicants for employment due to their country of origin are violating federal law. This is true even if the employer claims they did not want the job because of nationality or language barriers!

Many employers use a hiring process that requires candidates to discuss past experiences at other companies. These interviews can be very one-sided, as only benefits of the company are discussed. Applicants are asked about difficult bosses, bad relationships with colleagues, and poor performance reviews – all of which can make it hard to believe an employee would potentially suffer from such issues in your workplace.

In some cases, employers will ask whether you received permission to visit a specific country before giving you the position. It is illegal to ask this question unless there is a valid business reason to do so. Many times, these countries belong to international organizations like the United Nations (for example, asking if someone was allowed into Israel) – but others are never acceptable.

Whether discrimination happens directly through actions or indirect statements, it is still unlawful. The Equal Opportunity Commission (OEC), part of our government run by bureaucrats, enforces anti-discrimination laws. They also work closely with state agencies and various groups to ensure equal rights for everyone.

It is the OEC’s responsibility to investigate complaints of national origin bias or harassment in employment.

History of the H1b visa program

h1b visa employment discrimination

The H-1B nonimmigrant work visa was first introduced in 1990 under the Immigration and Naturalization Act (INA). It allows employers to hire foreign workers for either seasonal or nonsummer employment.

The INA originally allowed 65,000 H-1Bs per year with no annual ceiling. In 2015, Congress passed legislation introducing an annual cap of 20,000 visas. This includes both new applications and transfers within the same employer.

Since its inception, there have been many allegations of fraud related to the H-1B visa program. Many argue that it is used as a way to pay lower wages to employees who will be sponsored by a more wealthy company. Some even claim that companies use the visa process as a way to eliminate employee benefits such as paid vacations, health insurance, and retirement accounts.

Changes to the H-1B visa system
In recent years, changes have been made to prevent fraudulent uses of the program. For example, employers are now required to attest that they tried to find eligible local candidates before turning to the visa program. They also must verify that they did not discriminate against qualified US citizens when hiring their candidate.

This article will focus on some potential signs of immigration discrimination while you're looking for proof that your employer has abused the H-1B visa program. However, remember that federal law does not require employers to explain their reasoning during this stage of the process.

Who can apply for an H1b visa

An employment-based green card is one of several types of visas that allow noncitizens to live and work in the United States. There are two main categories of employment-based visas: those for specialty occupations and those for positions with a high demand. The former category typically requires at least a bachelor’s degree, while the latter only demands a college diploma or job experience.

Employment-based visas are often referred to as “green cards” because they offer permanent residency status — otherwise known as a “permanent resident visa.” This means that applicants no longer have to renew their visas like every few years but may instead reside and work in America indefinitely!

However, not everyone is allowed to apply for this type of visa. In fact, many nationalities are completely barred from applying due to discrimination against their ethnicity, country of origin, or religion. Unfortunately, such instances of bias are too common and exist in almost every segment of our society.

Discriminatory policies towards immigrants are unfortunately very prevalent in the United States. Although it may seem obvious that limiting immigration would be good for your own personal economic situation, it is actually quite the opposite.

Immigrants contribute heavily to the economy by spending money and creating new jobs through business investments. They also bring in much needed diversity that helps make this a thriving community.

What skills and qualifications are needed?

h1b visa employment discrimination

Employers that want to discriminate against H-1B visa holders may not require specific professional or academic degrees as job requirements. They can instead look for other indicators such as whether you have work experience in the field, evidence of skill development through education or training, or proof of competence through successful completion of projects under your own responsibility.

In fact, employers sometimes will ask potential hires about their H-1B status during the hiring process! More often than not, they’ll try to determine if you qualify for an employment visa. This is illegal discrimination, but it happens frequently enough to be worth noting here.

If you’re confronted with this kind of question at interview, stay calm and speak from prepared answers. Make sure to emphasize how your educational background qualified you for the position and what skills and experiences you could offer. You might also consider asking if there’s ever been any issues with employees like you before so you can prepare a response.

Are there any fees?

h1b visa employment discrimination

There are no upfront costs to apply for an H-1B visa, but you will be charged processing fees as well as travel expenses while your application is pending. These additional fees depend on how long it takes to process your application and whether your employer disputes any of the reasons you gave for seeking employment.

In some cases, employers may try to appeal the validity or authenticity of your degree or professional certificate. If this happens, then you will need to respond to their challenge and prove that they made false statements about your qualifications. This can get very expensive very quickly!

There is also a fee to file mandatory forms such as the I–9 form and the ITIN (identification number) form. These forms must be filed within a set time frame and cannot be amended later, so make sure you know when these deadlines are so you do not waste money by having to start over.

If your employer does not agree to offer you employment and you want to sue them for discrimination, then yes, you will likely have to pay your lawyer to represent you in court. Your attorney will probably ask for payment up front since they spend a lot of time working on your case.

Will my employer be notified of the visa application?

h1b visa employment discrimination

Even if your employment is not affected, there are still ways that discrimination can occur. For example, your employer could find out about your H1B status and decide to give you bad performance reviews or even terminate you due to how long you will be in the country.

In these cases, it is important to know what happens to employers when they learn of an employee’s visa status. Most companies have policies which address whether employees need to tell their bosses they are on a work visa, but very few clarify what happens after this disclosure.

How are decisions made?

h1b visa employment discrimination

Decisions to grant or deny employment-based visas like the H1B visa are usually not made due to discrimination against an individual’s race, national origin, religion, etc.

There have been cases where employers denied employment-visa applications because of someone’s age, but this is extremely rare.

More commonly, employers will reject H1B petitions for financial reasons. This includes refusing to pay sufficient salaries, denying health benefits, and/or terminating employee benefits in order to make it difficult for individuals to remain working abroad.

These practices are illegal whether done intentionally or unintentionally. What some may not realize is that there is already strong federal legislation in place to prevent such abuses from occurring.

What if I have visa backlog?

h1b visa employment discrimination

Another situation that can lead to discrimination is when employers apply for an employment-based visa (such as the F-1 or J-1 visas) but are not able to process their application due to a large number of applicants.

In this case, employers may choose to discriminate against one applicant over another by offering them less desirable working conditions such as lower pay or no chance at all of being hired.

This could be because they already have enough employees or there are too many applications for a position. If possible, you should try applying in the spring or summer before school semesters so you do not compete with students.

These situations occur most frequently during times of high job growth. Because employers need workers, it creates a very competitive environment which helps limit bias towards certain candidates.

What are my options?

h1b visa employment discrimination

There are many ways to challenge employment discrimination claims, including through litigation in court. If you feel that your employer is unfairly treating an employee because of their national origin or race, then you can file a lawsuit against them for unlawful discrimination.

However, before filing such a case, you must first try to work through more informal methods like meeting with supervisors, talking to other employees, and gathering evidence via documents and conversations with colleagues.

If these attempts fail, at least within a reasonable amount of time frame, then it may be appropriate to consider legal action. But only when all steps have been exhausted will you know if this is necessary.

In some cases, people who violate anti-discrimination laws are not aware they are acting unlawfully and thus cannot be asked about their biases or what actions were taken due to prejudices. It may also be difficult to prove discriminatory intent without direct statements or eyewitness accounts.

When deciding whether to sue, think about how much money you want to spend and whether you want to go through the stress and hassle of litigation. Also consider whether there are similar lawsuits taking place across the country so you can get help from others who have already gone through similar experiences.

Lastly, remember that even though it may seem unfair that you were made to suffer due to racial or ethnic prejudice, just like any other person, you have no right to perform illegal acts and get away with them.