Am I being discriminated against due to my visa status?

babloo_bad

New Member
I am currently on Optional Practical Training (OPT) which authorizes me to work in the U.S. and I have been denied job offers and interviews by employers on grounds that they have a policy not to provide an H-1B visa. However, based on the the anti-discrimination notice posted on the I-9 form I believe that I am being discriminated against. The I-9 states - "It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individuals national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which documents they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute as discrimination."

So, am I being discriminated against by employers that state that they cannot give me the job or job interview since they have a policy of not providing an H-1B visa?
 
babloo_bad said:
I am currently on Optional Practical Training (OPT) which authorizes me to work in the U.S. and I have been denied job offers and interviews by employers on grounds that they have a policy not to provide an H-1B visa. However, based on the the anti-discrimination notice posted on the I-9 form I believe that I am being discriminated against. The I-9 states - "It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individuals national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which documents they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute as discrimination."

So, am I being discriminated against by employers that state that they cannot give me the job or job interview since they have a policy of not providing an H-1B visa?

I quote from your post:

"It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.)..."

"It is illegal to discriminate against work eligible individuals"


anyone requiring H1 is not a work eligible or work authorized individual and therefore the discrimination is not applicable in your case.
 
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