The US Justice Department has reported that it has settled the case deal for systematical discrimination against American employees. All of these are happening because of temporary visas, like the H-1B visa, with an IT hiring and recruitment firm located in Texas.
On Tuesday, The Department Of Justice argued that Ikon Programs systematically persecuted. The US employees by publishing job ads stating a preference for temporary visa candidates. The organization had not considered at least one US citizen candidate who submitted for biased advertising.
Discrimination to US employees
Employers should not restrict job openings exclusively to provisional visa holders, not based on their size and wonder of their business. When businesses post job ads that discriminated against US employees, they breach the regulation of nationality discrimination under the Immigration and Nationality Act (INA), said Assistant Attorney General Eric Dreiband of the Department of Civil Rights.
He also added that our intention is explicit that if companies bias against US employees in ads, contracting, or hiring by unlawfully favoring temporary visa holders. The Civil Rights Division of the Justice Department would act to defend them underneath the Immigration and Nationality Act.
Settlements with IKON systems
The US Department of Justice has confirmed it has reached a mediation deal with Texas-based IKON systems and IT hiring and procurement firms. Under the safety of US employees program, the refugee and employment rights branch of the Civil Rights Department has negotiated 11 agreements.
Employers have also agreed to compensate or otherwise allocate a net amount of more than $1.2 million in back pay to injured US workers and civil fines to the United States. The Settlement covers workers who compromise using visa systems H-1B, H-2A, H-2b, and F-1. Furthermore, the Department is actively litigating a US employee initiative case involving a complaint brought on Dec 3, 2020.
This complaint is against a large technology firm for older people declining to employ or accept eligible and available US employees in place of temporary visa holders, even in the h-1B visa updates.
What is an H – 1B visa?
The USA H-1B visa for IT professionals is a non-immigrant permit that requires American companies to recruit foreign employees who need theoretical or professional skills in specialist professions. The United States issue Up to 85,000 H-1B visas every year. They are typically assigned for three years and are renewable. The bulk of the nearly 600,000 occupants of H-1B visas come from India and China.
The Justice Department said under its 2017 Defending US Workers Program, and this is the 11th resolution by the Civil Rights Division. It seeks to target, prosecute, and pursue legal measures against corporations that discriminate against US citizens in favor of temporary visa holders.
The complaint from US citizens
After a US resident lodged a defamation suit with the Civil Rights Division, proceedings targeting Ikon began. The Department alleged that Ikon released at least eight facially biased work ads on the grounds of its inquiry. These eight ads target non-US residents with immigrant status affiliated with employment-based visas from May 8, 2019, to Sept 21, 2019.
For example, the analysis found that one of Ikon’s ads said, “Searching for the transition of OPT, CPT, H4 EAD, and H-1B.” The Committee also discovered that because of his immigration status, Ikon refused to adequately recognize the petition of a US resident to one of the employment opportunities.