Originally posted by John Fontana:
I suspect that, ironically, employers who do this actually have no intention to hire a US citizen.
Just a hunch.
However, the laws enforced by the IHRC do not protect an individual who believes that he/she has been discriminated against because of the particular citizenship held: U.S. citizen or citizen of another country.
What is Citizenship Status Discrimination?
Citizenship status discrimination occurs when individuals are not hired or are fired because of their real or perceived immigration or citizenship status, or because of their type of work authorization. U.S. citizens, refugees, asylees, many permanent residents and certain temporary residents are protected from citizenship status discrimination. U.S. citizen-only hiring policies are generally unlawful. Employers may not refuse to hire refugees or asylees because their work authorization documents have expiration dates.
Examples of citizenship status discrimination:
* An employer posts a sign that states, "We hire Americans only." An employer refuses to hire a job applicant because he or she does not look like an "American citizen."
* An employer fires employees who are not U.S. citizens or who appear "foreign."
* An employer refuses to hire an applicant because he or she is a refugee or asylee and the employer wants to hire U.S. citizens only.
The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
n 1987 and 1988, more than one million foreigners who listed their occupation as farm worker applied for legalization under the Special Agricultural Workers and the General Amnesty program .2 Most of these individuals spent two to four years as Temporary Residents, and then the vast majority of them obtained Legal Permanent Resident (LPR) status, mostly in the 1990 to 1992 period.
The first categorization highlights the growth of the Legal Permanent Resident group (those who hold "green cards"), as the IRCA applicants and their relatives converted to Legal Permanent Resident status.
Originally posted by Sach Baat:
I agree, refusing to hire a H1b is not illegal.I was talking about ads which say - only US citizens.
Thomas Duncan wrote:My wife is a legal Alien with all the proper papers and my company which has about 20 foreigners working there at least 5 years now refuses to hire my wife. They told me right to my face that we don't hire people with green cards, I ask what about all the ones here already and their reply, I don't know anything about that. Sounds like they have filed their government quota and refuse to hire anymore.