Justice Department lets stand ruling that H-1B-only job ads are not automatically discriminatory
Key points
- OCAHO administrative law judge's August 12 ruling holds H-1B-only job ads are not automatically unlawful discrimination
- Attorney General Todd Blanche declined to intervene before the 60-day review period expired
- The case stemmed from a U.S. Tech Workers complaint against Boston Consulting Group
Per Breitbart News, Attorney General Todd Blanche declined to intervene before a 60-day review period ended on an August 12 ruling by an OCAHO administrative law judge. The ruling held that H-1B-only job ads are not automatically unlawful discrimination against US workers. 13 Republican lawmakers had urged reconsideration. The case stemmed from a complaint by U.S. Tech Workers against Boston Consulting Group.
Tip: Before drafting job ads that limit eligibility by visa status, employers should have counsel confirm the conditions comply with applicable rules, as the ruling concerns a specific case.
What employers should do
- Review job ads for visa-status restrictions and have counsel check them
- Keep records supporting job requirements
Policy details
- Jurisdiction
- Federal
- Status
- Court ruling
- Effective date
- —
- Employers covered
- US employers recruiting H-1B holders
- Official source
- Official source pending
Original report: INDIA New England News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.