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Discrimination with h1-B visa holders

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by Soormabhopali, Mar 7, 2004.

  1. Soormabhopali

    Soormabhopali Registered Users (C)

    All ,
    I have seen many employers and recrutiors ,restricting h1 -B visa holders from interview and for applying for Job . I am also victim of such incidence when after working for couple of years they replaced me by other green card holder .
    Stating that one of H1 b worker absconded from work place and so they dont want any H1 b worker in their company .
    Is this not discrimination based on our " Immigration status"?H1 B workers came to this country lawfully issued visas by US govt. If they dont want to give us job why they allow us into country ?
  2. nkm-oct23

    nkm-oct23 Registered Users (C)

    It is called supply and demand. There is a surplus of talented workers available in the US given the current layoffs situation. Under such conditions any employer will not be willing to go thru additional immigration processing for an H1b holder if he can find someone with similiar skills from among GC holders or US citizens.
    Given the current job market conditions the chances are that he will find an equally qualified US worker.

    To get a job in these situations you should either have special unique skills or should be willing to work for a lower salary.
  3. Soormabhopali

    Soormabhopali Registered Users (C)

    You need to read again the issue and reply ...

    you sounds new to consulting business....

  4. jaxen2

    jaxen2 Registered Users (C)

    So, you think it is okay to fire a US citizen in order to save money and hire a H1B but not vice versa?

    Your last statement is testament to what is the key. Get your skills upgraded- whoever you might be- US citizen, GC holder, H1 holder, or somebody who wannabe one of those 3, but is now in a different visa. UPGRADE YOUR SKILLs, It can make you unique.

    Stability of the employee is definitely an issue. Govt. policies are changing too.

    I am not making a judgement here, but I think terming this as 'discrimination based on immigration status issue' is mere gold digging...
  5. Soormabhopali

    Soormabhopali Registered Users (C)

    It is not issue of firing any one US citizen or Not .Certainly US citizen has first right and not agree by post "ready to work on less salary" My issue is Why they said "H1-B should not apply " even for contracting positions of 6 months or 1 year .Even they are looking for contracts "corp to corp " in that case they don't need to sponser any one .Atleast they should not stop from applying ...and in corp to corp contracts they have nothing to do with any one "status".
    It is clear discrimination on "foreign origin"

  6. Raj1994

    Raj1994 Registered Users (C)

    I dont think the law allows for equal rights to work for foreign workers, but correct me if I am wrong. The non-discrimination policy is irrelevant here. For instance, the H1B program did not exist until 1990 (or was it 1992?). Congress can completely revoke the H1B program.
  7. nkm-oct23

    nkm-oct23 Registered Users (C)

    I don't think you can call it discrimination when an employer refuses to consider H1b holders for a job. Discrimination is when all other things being equal, national origin, race or skin color is used as a factor in deciding against hiring someone. Key is all things being equal and that includes right to work in this country.

    Many consulting companies are nothing but body shops peddling sub-standard employees with fake/souped up resumes and skill sets and many clients may have been burnt due to this phenomonon. I have personally come across many such individuals. I am in no way suggesting that you are not competent but once a client gets burnt he will think twice about hiring from these body shops.
  8. Soormabhopali

    Soormabhopali Registered Users (C)

    Well , it is discrimination ,without giving a person chance to go thru hireing process ,rejecting it on basis of his "visa status" is clear discrimination .
    consulting firms is different issue ,who they hires what business they runs ,all run by US citizens and what they are doing thats all a total different issue .But a personwho is in country with all legal formalities ,should not be stopped from going thru process and applying .

    Rest of what you wrote is diffenet issue ,consulting firms almost all are owned by US citizens and what they are doing/and how hiring mangers hires thats all seperate issue .

  9. nkm-oct23

    nkm-oct23 Registered Users (C)

    Isn't that how you got your first H1, by having your employer "declaring" that there are no US workers available for your job? Don't you think a US worker was NOT hired when you were offered your job? Isn't that discrimination by your employer in hiring YOU instead of the US worker? Do you think you have skills that no one in this country has?

    If you think your H1 status gives you a god given right to a job interview you are sadly mistaken, no matter what kind of jobs/employers you are talking about.

    Get real and stop blaming the system for your shortcomings.
    Last edited by a moderator: Mar 8, 2004
  10. Soormabhopali

    Soormabhopali Registered Users (C)

    Dear nkm-oct23 ,
    You stop posting uncessary and getting personal .
    Write on issue , and I am working on a good job an donot writing about myself or for my perosnal interest .

    I am writing about issue , you sounds a frustating person .
    and its not my concern what my employeer declared or hide , i am just concern about "rights" of H1 candidates .I may or may not correct .But surely ....

    You need to learn how to write on legal aspects on this message board instead of working as uncessary industry advisor to H1 community.

  11. Raj1994

    Raj1994 Registered Users (C)

    Here is a legal fact: A visa is not a "right" but merely a privilege.

    As far as I know, an H1B worker can only complain about getting paid the stated salary, and a return ticket to home country if he/she is laid off before the end of the H1B petition validity period. There is no right to be interviewed or given a job, because there is no right to enter the US in the first place.
  12. Soormabhopali

    Soormabhopali Registered Users (C)

    H1B visa is right to enter US and work as consulate issues this visa for JOB (I-797)in specific occupation for specific time .During that period HE or SHE pays taxes and work /takes responsiblities like any other worker(and deserve equal rights regarding wages and job) .

    It is not a privilege to VISA holder as HE or SHE donot apply for I-797 / visa.

    Your one line is only correct regarding return ticket but at same time You are wrong as H1B visa laws clearly states that it is initial for upto 3 years and can be extended for next 3 years .Also it clearly mentions that H1-B visa holder is eligeble for changing job and work for any other employer after lawful ransfer /sponsership .

    Any employer can not send his H1-B visa holder out of country by giving tickets as if he has multiple petitions or even a filed petition for transfer .Its almost impractical (you can search this site itself ).

    Your last time " no right to enter in US" is not making any sense .
    Every person has right to enter "LAWFULLY" in any country .

    I am expecting law practitioners comments not from community moderators .

  13. Jim Mills

    Jim Mills Registered Users (C)

    Here's what I don't understand. You asked:

    When people tried to answer your question, you argued the point. Do you want to argue, or do you want an answer?

    Here's an example. Let's say you apply for a GC. If an H-1 worker applies that has greater qualifications than those required in the LC, is the employer suddenly required to hire that person? Is it "discrimination" if the employer fails to do so?

    Also, with hiring an H-1 worker comes additional requirements (i.e. no benching, must offer a return air ticket in the event of termination, must keep employee in H-1 status, meaning increased costs and legal fees . . . ). Is the employer required to consent to these restrictions?

    In my opinion, all the employer is only telling you that the employer is not willing to consider H-1 or other NIV holders for this position. GC holders will still be considered, regardless of their race or national origin.
  14. Soormabhopali

    Soormabhopali Registered Users (C)

    Re: Re: Discrimination with h1-B visa holders

    Thanks , for valuable reply .
    Example , You gave is certainly not a discrimination .
    Not hireing H1 is also not discrimination ,
    But stopping a H1 B visa holder for applying a job is not correct .
    Employer can say "we can not hire H1".But I think it is not correct to say "Dont apply" it is lawful right (H1-tranfer and changing Job ) he should not be stopped from applying .

  15. Jim Mills

    Jim Mills Registered Users (C)

    If it makes you feel better, apply. You just will not be considered and the employer is making that clear up front.
  16. jaxen2

    jaxen2 Registered Users (C)

    Many employers can claim security reasons justifying not hiring a H1b. Post 911 it has become a norm. All we are trying to say is you dont have a case for discrimination here. Forget about morality or what is right/wrong etc.

    Employers are protected by US law and H1Bs dont have anything to cover them. When those 20 odd programmers (some of them GC holders too) were singled out and cuffed in texas few years back, nobody could spring them out. They were incarcerated and their rights were put to toilet. And it can happen again and again.

    Dont have big dreams about US and its open society. It is discriminatory and its laws are anti immigrant. If you are yellow or brown you will be stared at wherever you go.

    BTW, It is the same mentality that a desi gets after s/he gets the green card or citizenship. Close the plank. No more immigrants.

    So dont act righteous. Accept the reality and learn to live with it.
    There is nothing personal here,mere observation.
  17. alren

    alren Registered Users (C)

    I have observed this too.

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