U.S. Tech Workers has filed a complaint at the Department of Justice about discriminatory hiring practices in Chicago. “Chicago H-1B Connect” is a collective name for a complaint that claims a number of large corporations are prioritizing H-1B visas holders over American citizens. John Deere is listed as one of the Chicagoland employers “eager” to hire the “best and brightest in technology. Discover Financial Services and the University of Chicago are also included.
The DOJ has filed a charge against around four dozen employers for engaging in “an unlawful scheme” of recruiting based on immigration status. Two nonprofits are also listed as respondents, World Business Chicago and P33 . They are accused of acting as middlemen to help corporations find H-1B workers. The DOJ charge lists incidents in which American citizens, almost all of whom have degrees, were unable to obtain jobs in the technology space because employers used third-party recruiting services.
In one instance, a complainant was rejected from a job as a “Support specialist” at the University of Chicago. Two months later he sent the same resume under the name of “Prashanth Patel” and presented himself as an H1B worker. Four days later, Mr. Patel received a call to ask if he was willing to “relocate to the job.”
A software engineer with a Ph.D. in computer science applied for eight jobs at the participating employers in “Chicago’s H1-B Connect” only to be rejected or receive a dead-end acknowledgment that her application was received.
They write that “these are difficult and turbulent times for anyone who is losing their job.” A job loss for H-1B workers can also affect their immigration status and that of their families.
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President George H.W. Bush’s Immigration Act of 90 established the H-1B Visa Program, which allows temporary residence in “specialty occupations” where legal status is tied to the employer. The H-1B holder must leave the U.S. if they cannot find another job in 60 days after being laid off. H-1B holders are allowed to work in the U.S. during a period of six years. The program allows “dual intention,” which means that the H1B holder may pursue permanent legal status by obtaining a greencard sponsored by their employer.
These foreign workers, unlike American citizens, cannot leave their employer and find another if they’re unhappy with the pay or conditions of work without risking being forced to go back to their home country. The hope that an H-1B holder will be sponsored for a Green Card further encourages employers to avoid hiring Americans, who are not subject to the same leverage. Chicago H1B Connect is advertised as a service that helps H1B holders “identify career opportunities.” However, the companies participating in the program are profit-driven and impersonal entities. They stand to gain financially through preferential hiring.
Kevin Lynn, executive of the Institute for Sound Public Policy, a non-profit organization that supports U.S. Tech Workers, denounced John Deere for its willingness to use sham recruitment firms to discriminate and to the detriment of U.S. Workers, while still presenting as All-American Companies working in their best interests.
