U.S. Worker Protections Against Unlawful Preferences for Temporary Visa Workers (English)

U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section, July 2018
U.S. DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
IMMIGRANT 	EMPLOYEE RIGHTS SECTION	&
Immigrant and Employee Rights Section
1-800-255-7688
www.justice.gov/ier
Call if you believe you have been a victim of an
unlawful preference for temporary visa holders.
Calls can be anonymous and language services
are available. TTY 1-800-237-2515
Consider calling IER if an employer or recruiter:
1. 	Does not consider or hire U.S. workers for jobs that
they are qualified and available for.
Example: A roofing company ignores U.S. workers
with relevant experience and instead hires H-2B
visa workers.
2. 	Fires U.S. workers to hire temporary visa workers it
prefers instead.
Example: A grower fires U.S. workers and
immediately replaces them with H-2A visa
workers.
EMPLOYERS CANNOT PREFER
TEMPORARY VISA HOLDERS
OVER U.S. WORKERS
nder federal law, employers generally
cannot make hiring, firing, or recruitment
or referral decisions based on a worker’s
citizenship or immigration status. U.S.
workers who believe they have been
discriminated against based on their citizenship or
immigration status should call the Immigrant and
Employee Rights Section (IER) of the United States
Department of Justice’s Civil Rights Division. IER
enforces the anti-discrimination provision of the
Immigration and Nationality Act (INA), found at
8 U.S.C. § 1324b. The regulations for this law are
at 28 C.F.R. Part 44.
IER investigates employers that deny employment
opportunities to U.S. workers because they prefer to
hire temporary visa workers.
U 3. 	Includes preferences for temporary visa holders
in job postings.
Example: A technology company includes “H-1B
preferred” in a job advertisement.
These are examples of possible citizenship status
discrimination, which the INA prohibits under
8 U.S.C. § 1324b(a)(1). This law has some
exceptions that may allow or require employers to
make hiring decisions based on citizenship status in
limited situations. You can find more information
about these exceptions by contacting IER and at
8 U.S.C. § 1324b(a)(2), (4).
This flyer is not a final agency action, has no legally binding effect, and may be rescinded or modified in
the Department’s complete discretion, in accordance with applicable laws. This flyer does not establish
legally enforceable responsibilities beyond what is required by the terms of the applicable statute,
regulations, or binding judicial precedent.