Employer laying off Green Card holders and filing GC FOR H1B VISA HOLDERS!!!

R

rakeshrai

New Member
Employer laying off Green Card holders and filing GC FOR H1B VISA HOLDERS!!!
Where to complain and take this issue with DOL or ICE?
Employer created situation for Green card employee to leave the company and retained h1b visa holder and is filing Green Card for the H1b visa holder.
Please help to stop this injustice
 
Complain to the DOL. ICE cannot really help you if no laws were officially broken. If the DOL receives enough detailed verifiable complaints about this particular company, they will stop issuing labour certifications to it (I-140).
 
rakeshrai said:
Employer laying off Green Card holders and filing GC FOR H1B VISA HOLDERS!!!
Where to complain and take this issue with DOL or ICE?
Employer created situation for Green card employee to leave the company and retained h1b visa holder and is filing Green Card for the H1b visa holder.
Please help to stop this injustice
Click to expand...

This is the USA...... typically a company can lay off anybody, any time ("employment at will").

H
 
Employers sponsor green card for employees by showing that they can not find GC/citizen employees at prevailing wages. This implies that they should not be laying off similarly qualified employees at the same time. One way the employers bypass this is by getting the employees to resign. Do not resign if they force you to resign. If their payroll shows people being laid off, it does not guarantee them hard time, but increases the probability they will be asked questions.

You can also write to DOL, but not sure how effective it will be.

They can also try to show that people are being "fired" because of incompetence. If you want to confront this, be prepared to fight this battle. They will need to formally evaluate competence by giving you notice, documenting minutes and so on.
 
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