The Department of Justice (DOJ) has released a low-profile legal judgment that allows companies to discriminate in job ads against Americans, warns lawyer John Miano.
“This decision is a disaster for U.S. workers because it does not reflect the realities of hiring,” Miano, a lawyer who is suing a Chicago-based consortium that sought to help hire H-1B workers instead of Americans, told Breitbart News.
The decision, he said, “presumes that the entire hiring process from advertisement to hiring involves the same job. In reality, the industry practice is to advertise to collect resumes [for later hiring]. The advertising here did not even include jobs, just sought H-1B workers.”
“According to this opinion, if an employer places an ad that says “H-1B Workers Only,” there is no sanction against it unless someone applies, gets rejected, and can prove that they were denied the job because they were American.”
Miano says Attorney General Todd Blanche has the legal authority to review and reverse the decision.
To overcome the legal barrier, Miano said, Americans would have to pay roughly $50,000 in legal fees to conduct an investigation and argue the case before a judge.
The DOJ did not respond to questions from Breitbart News.
Miano is a lawyer for US Tech Workers, which campaigns against the widespread use of visa workers. He has filed multiple successful lawsuits against the companies that cooperated with an elite-created group in Chicago, Chicago H-1B Connect Coalition. The coalition served as jobs board for multiple companies, and advertised jobs to lower-wage, subordinate H-1B workers — and effectively told Americans they need not apply.
Corporate lawyers countersued and have now persuaded the DOJ that companies can post recruiting advertisements for foreign H-1Bs only, effectively excluding Americans.
The decision was filed by an administrative judge working for the department’s Office of the Chief Administrative Hearing Officer (OCAHO), which judges claims of national discrimination. The decision states that “discriminatory advertising does not represent a discrete cause of [legal] action under the INA,” or Immigration and Nationality Act, adding:
The statute and regulations limit evidence of advertising discrimination to part of a case alleging nonselection, recruitment, or termination, rather than as independently actionable violations of the INA.
“Cases applying Title VII [alternative anti-discrimination laws] distinguish between advertising designed to expand the pool of applicants and discriminatory advertising … [and allow job ads which] expanded the pool of applicants,” the judgement says.
The department’s decision comes amid a resurgence of discriminatory online advertising, where networks of foreign executives and recruiters fill U.S.-based jobs with a free-floating population of foreign visa workers and illegal migrants.
“Over the years, we have had cleanups of the job boards” where companies offer jobs to H-1Bs visa workers, not to Americans, Miano said, adding:
The Programmers Guild did around 2000. After making numerous complaints, the [DOJ] sanctioned employers. The ads disappeared. A few years later, the ads started popping up again and Bright Future Jobs [a pro-American advocacy group] did the same so the ads started going away. The ads are back again. This decision makes policing the ads impossible.
The discriminatory foreign hiring excludes Americans from many career-starting jobs needed to progress toward a middle-class career.
Much of the discrimination is economically profitable because ambitious executives can privately sell white-collar jobs via the H-1B and other visa programs, which import roughly 500,000 foreign white-collar workers each year.
President Donald Trump’s deputies have begun investigating fraud in the white-collar job market.
In July, Anthony D’Esposito, the Inspector General at the Department of Labor, told Breitbart News:
Without revealing too much of an investigation, I think that when complete, one of the things that will probably make the American people most angry… and will probably lead to the biggest change from lawmakers — they will probably bring oversight to this — [is] the fact that many of the individuals that you’re talking about that are selling these jobs, getting kickbacks. We will clearly outline and define their relationships with — whether it’s gangs [or] whether it is transnational criminal organizations.
Agency officials are also drafting new regulations to reduce fraud and to encourage the hiring of Americans.
On August 4, the DOJ fined OpenAI — one of the world’s leading AI companies — $3.2 million after it failed to advertise a job that it was using to help a visa worker win a green card that allows permanent residency and a path to citizenship.
“It is illegal to discriminate against U.S. workers by preferring temporary visa holders for jobs,” Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division said in a press statement. “This substantial settlement ensures that OpenAI redresses harm and changes its recruitment practices so that U.S. workers receive a fair opportunity for highly sought-after technology positions.”
Many American tech professionals have been forced out of the sector, often into low-wage jobs, while subcontractor companies hire blocs of “workers” from Indian-run “C2C” recruitment sites.
“I’m driving Amazon Flex making $20/hr,” Jesse Stay responded on LinkedIn, adding:
Yet I have 13 published books. Make it make sense. No, seriously — I wish I knew why I can’t get a job despite thousands of applications and hundreds of interviews in the last 3 years. We need to fix recruitment in this industry.
“After sending out 400+ resumes without any nods, I finally gave up and just retired,” Richard H. responded. “I had wanted to work another 5-8 years but my name is out there enough times now there doesn’t seem to be any way of getting around the age hang up,” he said.
“It’s a little more than $17 [per hour job] for me,” said another discarded technology professional, Jonathan Peters. “We can’t afford it either but we have savings and my wife will start working again.”
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