Tech Companies Accused of Bending H-1B Rules With Newspaper Job Listings

Newsweek

a day ago

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Companies employing H-1B foreign workers seeking a green card are required to advertise roles to American-born workers, but those job ads in local newspapers are allegedly targeting immigrants instead.
In recent months, blue-chip tech companies like OpenAI and Instacart have posted listings in the San Francisco Chronicle, with applicants urged to send resumes to immigration or "global mobility" departments.
Under the Department of Labor's rules, roles have to be listed publicly, including in at least two major Sunday newspapers, in this case the Sunday edition of the Chronicle. Employers also have to list the roles on a state workforce agency site, internally at the company itself and two other advertising methods of their choice.
"Americans are not aware that major companies are routinely discriminating against them for the simple fact of being Americans in their own country," the team behind Jobs.Now, a website seeking out H-1B roles to share them with Americans, told Newsweek on condition their identities were kept anonymous.
"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."
Job advertisements seen in recent editions of the San Francisco Chronicle, required as part of the H-1B PERM process.
Job advertisements seen in recent editions of the San Francisco Chronicle, required as part of the H-1B PERM process.
Getty Images - Background image
Are Local Newspaper Ads Targeting Immigrants?
The apparent trend once again spotlights work-based visas, in particular the H-1B, which tend to benefit tech companies, as well as the ongoing tension around the need for immigrant workers versus whether companies are importing cheaper labor, rather than offer roles to American-born or permanent resident workers instead.
In San Francisco Chronicle ads reviewed by Newsweek, OpenAI said it was hiring a software engineer, with applicants urged to send resumes to someone working in the "global mobility team".
Instacart 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 "[e-mail]".
Newsweek reached out to the three companies for comment via email Thursday morning.
"In addition to the fact that the ads request applications to immigration or global mobility departments, the use of paper mail or email-only applications suggests these roles are being recruited separately from the companies standard recruiting process," Jobs.Now said.
"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."
A woman is seen reading a newspaper in Houston, Texas, on October 25, 2022. Image for illustration purposes only.
A woman is seen reading a newspaper in Houston, Texas, on October 25, 2022. Image for illustration purposes only.
Getty Images
Are Companies Bypassing H-1B Laws?
While there is no requirement for companies to advertise jobs to those in the U.S. first before an H-1B hire, there are rules when it comes to what is known as the PERM process – that is, when companies look to sponsor an immigrant for a green card.
At this stage, they are meant to test the market and prove to the Department of Labor that they cannot fill the role with an American employee, and that the existing H-1B holder is vital for the job in question.
"At that point, most employers have identified a specific foreign worker already working for them on an H-1B visa they want to sponsor, and now they have to go test the labor market," Madeline Zavodny, an economics professor with an immigration focus at the University of North Florida, told Newsweek in March.
The team behind Jobs.Now allege that employers are bending the rules – which require local newspaper ads and not necessarily online listings – to skew results in their favor. This is despite former president Joe Biden's Department of Justice reaching two landmark settlements with Facebook in 2021 and Apple in 2023 over their practices in advertising roles.
Newsweek reached out to the DOJ for comment Thursday afternoon.
A U.S. visa seen in a passport. Image for illustration purposes only.
A U.S. visa seen in a passport. Image for illustration purposes only.
Getty Images
If companies are continuing with these practices, then it will likely only add to the ongoing debate around the H-1B and its place within the U.S. immigration system. President Donald Trump has shown his support for the program, but his Vice President, JD Vance, has been vocal recently that it needs change.
In late July, GOP Representatives Tom Tiffany and Andrew Clyde, of Wisconsin and Georgia respectively, introduced legislation to tighten restrictions on H-1B visa numbers, arguing that American talent should be prioritized over immigrants. While their bill has been announced, other changes have yet to come from the White House or Department of Homeland Security.
Jobs.Now has told Newsweek that it wants to aid in that effort, with more people taking an interest in the issue in recent months.
"However, we have yet to see concrete evidence of government action in the form of new lawsuits against companies practicing discrimination, despite our users telling us they are reaching out to the Justice Department employment rights division due to their applications being unfairly ignored," the team said.
"We are hopeful that the government will soon take action to end these illegal practices and protect American workers from discrimination."