Major tech companies have been accused of using local newspaper job ads to target immigrant workers for green cards, potentially bypassing H-1B laws.
Firms Post Job Ads For H-1B Roles, Raising Bias Claims
Companies with H-1B employees in the green card process are said to be running local newspaper ads to appeal to immigrant job seekers. In recent months, firms such as OpenAI and Instacart have placed ads in the San Francisco Chronicle, directing applicants to submit resumes to their immigration or "global mobility" teams, reported Newsweek.
Instacart, OpenAI did not immediately respond to Benzinga’s request for comment.
This practice, according to Jobs. Now, a website that shares H-1B roles with Americans is a form of discrimination against American workers. “Americans are not aware that major companies are routinely discriminating against them for the simple fact of being Americans in their own country,” the team behind Jobs.Now told Newsweek.
According to Department of Labor rules, job openings must be publicly advertised — including in at least two major Sunday newspapers, on a state workforce agency website, within the company, and through two additional methods chosen by the employer.
Companies are not required to advertise jobs to U.S. workers before hiring an H-1B employee. However, different rules apply under the PERM process — the step taken when sponsoring an immigrant for a green card. At that point, employers must demonstrate to the Department of Labor that they tested the market, could not find a qualified American worker, and that the H-1B holder is essential for the position.
According to Jobs.Now, employers are exploiting loopholes in the rules to their advantage — despite the Biden-era DOJ reaching landmark settlements with Meta Platforms’ (NASDAQ:META) Facebook in 2021 and Apple (NASDAQ:AAPL) in 2023 for discriminatory job advertising.
From Cuban To Greene, H-1B Visa Debate Intensifies
The H-1B visa program has been a topic of heated debate in recent years. In March 2025, Mark Cuban criticized the “H1B Visa game” and suggested a new way for high-skilled workers to obtain U.S. citizenship.
In July, Vice President, J.D. Vance took a dig at Microsoft (NASDAQ:MSFT) and questioned the ethical and economic justification of companies conducting mass layoffs while simultaneously increasing applications for employment-based visas.
Furthermore, earlier this month, Rep. Marjorie Taylor Greene (R-Ga.) called for an end to Indian H-1B visas, linking immigration, trade, and foreign policy in a sharp critique of U.S.–India ties.
In late July, GOP Representatives Tom Tiffany and Andrew Clyde proposed legislation to further limit H-1B visas, contending that U.S. workers should be prioritized over foreign talent. While their bill has been introduced, no additional measures have yet been announced by the White House or the Department of Homeland Security.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
