Meta Ruling Gives US Citizens Path to Sue for Alleged H-1B Abuse | Hacker News Reader

Meta Ruling Gives US Citizens Path to Sue for Alleged H-1B Abuse

news.bloomberglaw.com

63 pointsfdsfsqex6 comments

I think the standing should be allowed for Mr. Rajaram to sue. I think discrimination on citizenship status should be considered under that act.

I highly doubt Mr. Rajaram will be able to prove that Meta prefers to hire noncitizens whom they can pay less, precisely because they pay them extremely well. Doing that sort of removes any notion that they gain anything from preferring noncitizens, who have an extra cost associated with their legal status.

What they gain is bargaining power, since the H1B holder's status can be revoked on a whim by the company. Yes, you can technically transfer a H1B status by finding a new job with another H1B sponsor, but it is still a limitation that means your job stability is less solid than that of an american citizen.

Okay, I'm trying to understand. The citizen's job can also be revoked on a whim by the company. And it's not as if this potential bargaining power is used to pay H1Bs less than citizens. In the case of Meta, the H1Bs they hire are basically at the top of the pay scale of software engineers in the USA.

But that potential bargaining power is there, sure. If they don't use it though, how can the plaintiff prove that there is such a discrimination or that Meta benefits from it?

When a citizen loses their job they need to find a new job before their savings run out.

When a H1B loses their job they are forcibly taken into custody and after some indeterminate time in custody they will be removed from the country and not allowed back in for 10 years.

Yeah I know that. Please re-read my comment. I wonder how it can be proven that Meta uses this leverage at all when they pay H1Bs well above market rate for citizens in the same jobs at other companies?

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