Big tech companies accused of bending H-1B rules with job listings

Amid mass layoffs at major tech firms, the companies are now facing allegations of bypassing hiring rules in mandatory local newspaper job ads. Regulations require these roles to be offered first to US-born workers, but a Newsweek report said the ads directed applicants to immigration or “global mobility” departments, indicating the jobs were aimed at immigrant candidates.

Jobs.Now, a website seeking out H-1B roles to share them with Americans, told Newsweek that Americans are not even aware that major tech companies are routinely discriminating against them. "At a time when unemployment for college graduates is shifting sharply upward, it is important to call out hiring discrimination that could keep Americans unemployed," they said.

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Jobs.Now also said that recruitment for these roles is done separately from the companies standard recruitment process.

"These unusual application methods are likely to drive fewer applications than normal processes like posting ads on the company job board or on mainstream career sites like LinkedIn," they said.

ET Online has not independently verified this report.

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The Newsweek report cited a San Francisco Chronicle advertisement given by OpenAI. It said it was hiring a software engineer but the resumes were to be sent to the "global mobilty team".

Another tech company, Instacard, offered multiple positions, with a similar department taking applications, while Udemy, an online learning platform, wanted a director of marketing analytics and data science, with resumes to be sent to "immigration@udemy.com", the Newsweek report said.

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The H-1B programme allows US employers, especially in the tech sector, to hire foreign professionals in specialty occupations. Indian nationals make up a large share of H-1B recipients each year, and the program is a key pathway for many to transition from US universities into full-time employment.

The H-1B programme remains a contentious issue in US politics. While critics argue that it harms domestic workers and depresses wages, supporters, including many business leaders and universities, view it as vital for maintaining a competitive edge in technology, science, and research.

(With TOI inputs)