US Official Vows Action Against Illegal H-1B Only Job Posting on LinkedIn
Amid heightened scrutiny of the H-1B visa program in the United States, a new job advertisement on LinkedIn has drawn sharp criticism from Assistant Attorney General Harmeet K Dhillon, who labeled it illegal and pledged to take action. The posting, created by Prasad DP, explicitly sought candidates with H-1B visas, prompting Dhillon to respond on social media.
"This is not legal. We will look into this @CivilRights," Dhillon declared, reacting to the advertisement that restricted applications to H-1B holders only. This incident marks another instance where the Indian-origin Trump administration official has raised alarms about such discriminatory job postings.
Previous Warnings and Ongoing Investigations
Earlier, Dhillon had spoken out against LanceSoft, an IT staffing firm that similarly invited applications exclusively from H-1B visa holders while explicitly barring US citizens from applying. At that time, she revealed that a team from the Civil Rights Division has been collaborating with various agencies and the White House to address these cases.
The department has been actively hiring additional staff, including lawyers, to enforce regulations and crack down on such violations. Dhillon emphasized the ongoing efforts to ensure compliance with employment laws that prohibit discrimination based on citizenship status.
Details of the Latest Case
An examination of Prasad DP's LinkedIn profile shows that the individual is based in South Carolina and works as a business development manager at an IT firm. The job posting in question was for a position with the New York State Office for People with Developmental Disabilities, a state government office located in Albany, New York.
The advertisement specifically targeted H-1B visa holders for this role, raising legal concerns about potential discrimination against qualified US citizens who might otherwise apply for the position.
Legality of H-1B Only Job Advertisements
Job postings that specify "H-1B only" are particularly common within IT consulting firms, often referred to as body shops, which specialize in hiring and supplying temporary staff to client organizations. These roles typically involve:
- Short-term, contract-based employment
- Preference for candidates already in the US on H-1B visas
- Quick placement with client companies
However, such advertisements can be considered illegal if they discriminate against US citizens by excluding them from consideration. The H-1B visa program, designed to allow companies to hire skilled professionals from foreign countries, has faced increasing criticism under the Trump administration.
MAGA supporters have strengthened demands that US jobs should not go to foreign workers from countries like India or China. In response, the administration has implemented several measures:
- Imposing a $100,000 fee for new H-1B visa hires for companies
- States like Florida and Texas freezing H-1B hiring in specific state agencies
- Restrictions on H-1B hiring in higher education institutions
The program continues to be a contentious issue in US immigration policy, with ongoing debates about balancing the need for skilled foreign workers with protecting employment opportunities for American citizens.
