Programmers Guild Files 300 Complaints Against H-1B Employers
Monday, a press release reported that the Programmers Guild, "A Professional Society", has filed employment discrimination complaints against 300 employers of H-1B visa non-immigrants who advertise "H-1B only" job ads.
http://www.prweb.com/...
H-1B visa certification runs under the auspices of the U.S. Department of Labor Employment & Training Administration. DOL has been aware of these discriminatory ads and practices for several years, but DOL does very, very little to protect the rights of American workers. I, personally, have sent dozens of such ads to DOL Office of Inspector General investigators. I have never seen nor heard of any responsive action.
In stark contrast to the main body of American immigration law, there is practically no legal protection for American workers under H-1B rules. I have recently written of some of the peculiar "loopholes" in H-1B regulations.
Indeed, I filed an Equal Employment Opportunity Commission (EEOC) Title VII civil rights discrimination complaint on my behalf a couple years ago claiming nationality discrimination in an H-1B visa issue.
Some background
In order to sue for your rights, you are required to "exhaust all administrative remedies" (run the gauntlet). You are first required to file an EEOC complaint with your state of residence. If the EEOC drops your complaint (they will) then you appeal. If the appeal fails (it will), then you will either be ordered to drop the action (every time), or you will be given a "right-to-sue" letter which allows you to pursue the matter in civil court. I am being pessimistic, but not much. If you can afford $20,000 for an attorney, you might make out better.
The EEOC is supposed to investigate and prosecute, but because they get tens of thousands of such complaints per year, your day in court is highly unlikely.
Under Title VII employment discrimination, you may only sue in matters concerning race, color, religion, sex or national origin.
"National origin" is the only legal avenue possible. I had a slam-dunk case with witnesses and substantial evidence. The denial letter from EEOC, to my great despair, said;
"American is not a national origin group as defined by Title VII of the Civil Rights Act, as amended."
The laws weren't written for us.
If I could take this to the Supreme Court, I think I would win. The constitutionality and legal precedence is clear. The "spirit" of the Immigration and Nationality Act is consistent. Only the quirky H-1B visa rules are contrary, exploitative, and unfair.
I am hoping the Programmers Guild, on its tiny budget, can facilitate a victory for American workers.
Thursday, 06/22, the House Judiciary Committee held a hearing entitled "Is the Labor Department Doing Enough to Protect U.S. Workers?" Tonight, I read through some of the testimony. Tomorrow I will have some very interesting information for you.