In the US, an action by the Department of Justice has raised the important question: Is the hiring of employees from other countries in the US “discrimination” against the American people? The target is those people who come to America via H-1B visa. Most of the tech professionals visiting America on this visa have been Indians. Now the US Ministry of Justice has sued the Facebook company. In this, it has been alleged that while recruiting 2,600 posts, Facebook gave preference to those foreign workers whose visas it sponsored. The Ministry of Justice has called it discrimination against US citizens.
According to a statement from the Ministry of Justice, the social media company Facebook deliberately adopted a ‘discriminatory’ appointment system. Under this, temporary visa holders were given priority over qualified US personnel. Now the ministry has said that Facebook should give compensation to those American workers who could not get a job in this company due to Facebook’s alleged discriminatory behavior.
According to Justice Department officials, the department investigated Facebook’s methods of hiring for two years. This revealed that the company deliberately excluded qualified and skilled American personnel. This was done while appointing at least 2,600. “We have a message to all companies, including the technology sector, that you cannot give illegal prioritization to appointments,” said Trump Attorney’s Assistant Attorney General Eric Derryband. Providing temporary visa holders cannot be ignored by American personnel.
The petition filed in the court said that Facebook took a discriminatory approach in appointments from early 2018 until September of that year. To prevent American workers from applying, he deliberately did not advertise jobs on career websites. He called for applications through e-mail. Despite this, he did not consider the requests of American citizens. The company preferred temporary visa-holding personnel in 99.7 percent of the cases, which were brought to the US under the Permanent Labor Certification Process.
The petition states that such discrimination not only harms US citizens, but also sponsored visa holders. This visa has the condition that if they leave the job or they are removed, then their right to stay in America will be lost. This visa is different from a green card.
The Department of Justice says that under the Permanent Labor Certification Process, companies have the right to sponsor temporary visas to foreigners. But they can do this only if they prove that the eligible American citizens are not available for the positions for which they want people.
The Justice Department has accused Facebook of violating the Immigration and Nationality Act, under which US companies cannot discriminate on the basis of nationality or citizenship status in an appointment. Facebook has denied all the allegations made in the petition. She has claimed that she always collaborated with the Department of Justice.
In the past, there has been a lot of trend in America to bring sponsored personnel from abroad on H-1B visas. Companies have been doing this to reduce their costs on employees. This trend never became a big issue before the Trump administration came to power. Donald Trump also made it a point to let American jobs go into the hands of foreigners while raising the slogan of ‘America First’.
The latest case is also being seen in the same episode. It is believed that Trump wants to give the message that he can only protect the interests of Americans. When he is eyeing elections again in 2024, it would be considered his right strategy to cement his message in the last days of his term.