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Comment by belltaco | Hacker News Reader

> Visa Status: Must be US Citizen (no Green Cards or H1b visa candidates will be accepted)

Given the recent SpaceX situation[1] about asylees, is this legal? Can MGM claim national security implications more than SpaceX can? And SpaceX even allowed permanent residents.

USCIS says:

> Employers cannot discriminate when hiring, firing, or recruiting because of someone’s citizenship, immigration status or type of employment authorization. U.S. citizens, noncitizen nationals, asylees, refugees, and recent permanent residents are protected from this type of discrimination.

[1] https://www.justice.gov/opa/pr/justice-department-sues-space...

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It is perfectly legal to disallow Visa-requiring individuals. I don't believe it is legal to disallow permanent residents as they have the same employment rights as citizens.

That being said, they could just omit the line and discriminate silently. The law doesn't guarantee you a job either so, unless you can undeniably prove you are the best for the job, they'd probably be safe (legally). This is what African-Americans (most prominently, but other groups as well) with obvious nomenclature have dealt with for years.

You can’t get a sponsorship done that fast right now I think. The green card thing is just xenophobic

They're looking for contractors, there are plenty of H1B folks who are sponsored by agencies that contract them out to various companies. The normal term used in job postings is "no visa sponsorship".

But then MGM would have a contract with those agencies versus having the employees of those agencies apply as contractors to MGM directly, right?

Correct, they'd pay the companies via corp-to-corp.

There are also cases where government regulations prohibit hiring non-citizens. Given that they're offering $100/hr when they're losing $8m/day, I expect that MGM would LOVE to hire anyone willing to work for below market rates. If a recruiter contacted me, I'd be telling them to triple the rate and then we can start a conversation. I'm sure their attorneys make $300/hr on the low end.

Federal law allows discrimination to deal with other laws, agency rules or executive orders. The Nevada gaming commission is allowed to mandate such a rule and MGM is allowed to comply with it. I don't know if that's the source of the rule, but if so it would be legal

I was thinking the same thing. All I could find via a quick google is:

    https://www.leg.state.nv.us/NRS/NRS-463.html

It looks like members of the gaming control board and gaming commission must be citizens. But it seems non-citizens are ok in other situations, e.g.:

    2.  A county shall not deny a gaming license, finding of suitability or approval to a person solely because the person is not a citizen of the United States.

Not wanting H1b is fine and legal, because you can’t simply hire them. You need to file paperwork go prove that you can’t find the equivalent from local workforce. GC is weird, if they needed security clearance, but security clearance takes more than 3 weeks.

Non-citizens with work authorization are eligible for certain lower level security clearances, even if they're not permanent residents.

Example?

Some positions only require a public trust background investigation, which is technically not a security clearance but people do call it so. You do need to be a "US person", which non-immigrants with work authorization are.

One example: noncitizens are allowed to join the military, which generally requires minimum secret clearance for just about every job.

Contractors are not employees.

All the more reason why this makes no sense, no? It should be as simple as handing the money over to an entity, they get the job done, and you both move on. No healthcare considerations, or sponsoring of visas, or anything else that a standard employer must do to an employee.

Thats correct. The disagreement with my comment shows people read what they wanted into what I said.

Contracting means a different set of rules for hiring and paying. As someone else said they should not have even posted it like this.

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