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America First: DOJ puts end to Temp Visa Privilege in Hiring Scheme

The Department of Justice released a statement, Monday, about the settlement agreement with ASTA CRS Inc., a provider of IT staffing and consulting services with offices in Ashburn, Virginia, and Greenbelt, Maryland, who, according to the DOJ,  discriminated against U.S. workers in favor of temporary visa workers.

The Civil Rights Division led the investigation, proving that American citizenship has some value still in America.

“The settlement resolves a claim that ASTA’s Maryland office discriminated against U.S. workers because of their citizenship status when it posted a job advertisement specifying a preference for non-U.S. citizens who held temporary work visas,” the Press Release read.

Jesus E.Solorio, Jr who identifies as a proud son of Mexican immigrants and a lifelong native of Chicago’s Southside, Republican candidate for U.S. House has been calling for Temporary Visa reform.

From the Press Release:

“When a company advertises a job by stating a preference for temporary visa workers, it deters qualified and available U.S. workers from applying and denies those U.S. workers equal opportunity to compete for that employment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Our message to workers is clear: if companies advertise a preference for temporary visa holders over U.S. workers, the Department of Justice will hold them accountable. This is especially important at a time when more U.S. workers may be seeking employment as a result of the economic impact of COVID-19.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, H-2B and F-1 visa programs.

Based on its investigation of ASTA, the department concluded that ASTA’s Maryland office posted a job advertisement aimed exclusively at non-U.S. citizens with certain temporary visas, including H-1B visas and F-1 student visas.

The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from discriminating in hiring by preferring candidates with temporary work visas over U.S. workers. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of their hiring process, including the posting of job advertisements, regardless of whether it affects the final hiring outcome.”

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