Overview
- The EEOC on November 19 released updated national origin materials, including a one-page brief titled “Discrimination Against American Workers Is Against the Law.”
- The guidance underscores that favoring foreign visa holders over qualified U.S. applicants can violate Title VII, and business justifications like lower cost or perceived productivity do not excuse such decisions.
- DOL on November 24 aligned its H-1B enforcement initiative, Project Firewall, with the EEOC, with DOJ’s Civil Rights Division and USCIS participating in a whole-of-government approach.
- Agencies are coordinating tools and data to scrutinize practices such as visa-preferential job ads, screening that disadvantages U.S. candidates, and disparate treatment in promotions or discipline.
- Legal advisors now urge employers to remove visa-preference language from postings, audit vendors, document job-related selection criteria, and train HR, noting potential penalties including back wages, civil fines, and H-1B debarment.