USA
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The United States government is intensifying efforts to combat what it describes as illegal preferences for foreign workers, a move officials say is critical to addressing the ongoing immigration crisis and protecting American jobs.
The Equal Employment Opportunity Commission (EEOC) is putting employers and other covered entities on notice that they must stop contributing to the immigration crisis or abusing our legal immigration system via illegal preferences against American workers. The focus comes amid persistent debate over the H-1B visa program, which allows US companies to employ foreign professionals in specialized fields typically requiring a bachelor's degree or higher, such as mathematics, engineering, technology, and medical sciences.
While intended to fill critical skills gaps, the program has drawn criticism from those who argue it displaces American workers. The American Immigration Council offers a counterpoint, asserting that H-1B workers complement the US workforce and creates additional job opportunities. Their research indicates that in 2021, the median wage for H-1B workers was $108,000, substantially higher than the $45,760 median wage for all US workers.
The Council also notes that between 2003 and 2021, median wages for H-1B workers increased by 52 percent, outpacing the 39 percent growth in median wages for all US workers. The US Citizenship and Immigration Services (USCIS) has implemented measures to prevent abuses of the H-1B system, including identifying and addressing wage disparities that disadvantage American workers.
They have also instituted a beneficiary-centric selection process requiring each applicant to be registered under a single passport or travel document to prevent duplicate entries. The EEOC is reinforcing its commitment to enforcing employment antidiscrimination laws, particularly those that prohibit employers and staffing agencies from favoring non-American workers based on national origin. According to the agency, such practices constitute a violation of federal employment laws.
While the US law generally prohibits employers from preferring American workers over equally qualified foreign candidates, it also prohibits the reverse: favoring foreign workers over qualified Americans.