It appears that Facebook (and as an aside, Google, Amazon, IBM, and the rest of them) have been using the various foreign worker programs to pay their employees less,which is in direct conflict with the black-letter law.
The Justice Department on Thursday sued Facebook over allegations that it discriminated against Americans in the way it hired temporary foreign workers for thousands of well-paid positions.
The lawsuit contends that Facebook failed to properly advertise at least 2,600 jobs — and consider applications from U.S. citizens — before it offered the spots to foreign workers whom the tech giant was sponsoring for green cards granting permanent residence.
Facebook’s practices violated federal laws that require employers to demonstrate that there are no qualified U.S. workers available before it offers positions to temporary foreign workers it is sponsoring, the Justice Department said. The government sought unspecified monetary damages and other penalties against the tech giant for the alleged violations, which occurred in 2018 and 2019.
“Our message to workers is clear: if companies deny employment opportunities by illegally preferring temporary visa holders, the Department of Justice will hold them accountable,” Eric S. Dreiband, assistant attorney general for the Civil Rights Division, said in a statement.
Facebook said it could not comment on the now-pending litigation, but spokesman Andy Stone said in a statement the company had been cooperating with the Justice Department fully on its probe and disputes the allegations in the complaint.
Facebook, in particular, long has sought to expand the ranks of high-skilled foreign laborers in the United States, including programs such as the H-1B visa, as they aim to recruit the critical talent necessary to power their highly technical operations. Trump, however, has sought to restrict such programs in recent months — announcing in October, for example, new limits on the visas that later drew broad corporate blowback.
In its complaint, the Justice Department said Facebook has eschewed its traditional hiring process in cases where it wanted to hire an employee on an H-1B visa for a permanent position. When a temporary visa holder sought such a job, Facebook “diverged from its normal recruiting protocols,” according to the government, opting in some cases against “advertising the position on its external website.”
If a U.S. worker applied for one of these jobs — and Facebook determined they were qualified — the company appeared to hire them in a different capacity, the lawsuit found. Federal law generally only allows a company to sponsor a temporary worker for a permanent position in cases where there is no qualified U.S. applicant.
This is not how the system is SUPPOSED to work, but it is how it ACTUALLY works.
Notwithstanding claims to the contrary, the H1B and L1A programs are used to hire cheap, not hiring people with skills unavailable elsewhere.
This has been an open secret since at least 1982, when I was told by someone at what is now the Massachusetts DUA not to even bother applying.