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How can I sue an empolyer for immigration status discrimination?
Is it legal to discriminate in employment based on needing future sponsorship?When can an employer sue?Can I file a job discrimination lawsuit against a company that repeatedly rejects me?Is US Immigration policy's per-country quota cap for employment-based immigration illegal?Is stating preference for women or people of color on Twitter for a job listing discrimination?How is discrimination by an employer litigated in the United Stats?Unpaid Wage ClaimCan I sue my employer for wrongful firing?Can I sue the company for providing misleading info and terminate the employment even when I didn't do anything wrong?Can I sue an employer for not providing the active employment I was promised?
My situation is as follows:
I interviewed with a prestigious financial service company in downtown NYC.
A few days after my onsite, the head recruiter gave me a call saying "Congrats!" they would extend me an offer. Then they asked my visa status and whether I need H1B sponsorship. I replied "I will need H1B sponsorship in the future."
After a few days the company pulled back the verbal offer because they do not want to sponsor H1B for this role.
Is it a discrimination?
employment visa
edited 9 mins ago
TTE
1,1171127
asked Mar 8 at 20:42
MachineMachine
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
My situation is as follows:
I interviewed with a prestigious financial service company in downtown NYC.
A few days after my onsite, the head recruiter gave me a call saying "Congrats!" they would extend me an offer. Then they asked my visa status and whether I need H1B sponsorship. I replied "I will need H1B sponsorship in the future."
After a few days the company pulled back the verbal offer because they do not want to sponsor H1B for this role.
Is it a discrimination?
employment visa
edited 9 mins ago
TTE
1,1171127
asked Mar 8 at 20:42
MachineMachine
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
My situation is as follows:
I interviewed with a prestigious financial service company in downtown NYC.
A few days after my onsite, the head recruiter gave me a call saying "Congrats!" they would extend me an offer. Then they asked my visa status and whether I need H1B sponsorship. I replied "I will need H1B sponsorship in the future."
After a few days the company pulled back the verbal offer because they do not want to sponsor H1B for this role.
Is it a discrimination?
employment visa
edited 9 mins ago
TTE
1,1171127
asked Mar 8 at 20:42
MachineMachine
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
My situation is as follows:
I interviewed with a prestigious financial service company in downtown NYC.
A few days after my onsite, the head recruiter gave me a call saying "Congrats!" they would extend me an offer. Then they asked my visa status and whether I need H1B sponsorship. I replied "I will need H1B sponsorship in the future."
After a few days the company pulled back the verbal offer because they do not want to sponsor H1B for this role.
Is it a discrimination?
employment visa
employment visa
edited 9 mins ago
TTE
1,1171127
asked Mar 8 at 20:42
MachineMachine
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 9 mins ago
TTE
1,1171127
asked Mar 8 at 20:42
MachineMachine
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 9 mins ago
TTE
1,1171127
edited 9 mins ago
TTE
1,1171127
edited 9 mins ago
TTE
1,1171127
1,1171127
asked Mar 8 at 20:42
MachineMachine
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Mar 8 at 20:42
MachineMachine
1112
asked Mar 8 at 20:42
MachineMachine
1112
1112
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Machine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
add a comment |
1 Answer
1
active
oldest
votes
It is discrimination. However, it is legal, and generally not grounds for a lawsuit.
Discrimination is legal, except when it is based upon certain specific categories, such as race, sex, and religion. For example, it is perfectly legal to discriminate for a position based on the possession of education degrees, skill certification or availability to work specific hours or days of the week.
Immigration status (and specifically, needing a H1B sponsor in the future) is not a protected category, and as such it is legal to discriminate against this as a factor.
Additionally, there are several downsides for hiring a H1B candidate, and foremost of which is sponsoring someone for an H1B visa is not a sure thing, since the H1B system is run as a lottery; as such, you may not receive a visa or extension, and thus be ineligible to legally work.
answered Mar 8 at 21:31
sharursharur
2,064518
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
2
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
add a comment |
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1 Answer
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1 Answer
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active
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votes
It is discrimination. However, it is legal, and generally not grounds for a lawsuit.
Discrimination is legal, except when it is based upon certain specific categories, such as race, sex, and religion. For example, it is perfectly legal to discriminate for a position based on the possession of education degrees, skill certification or availability to work specific hours or days of the week.
Immigration status (and specifically, needing a H1B sponsor in the future) is not a protected category, and as such it is legal to discriminate against this as a factor.
Additionally, there are several downsides for hiring a H1B candidate, and foremost of which is sponsoring someone for an H1B visa is not a sure thing, since the H1B system is run as a lottery; as such, you may not receive a visa or extension, and thus be ineligible to legally work.
answered Mar 8 at 21:31
sharursharur
2,064518
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
2
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
add a comment |
It is discrimination. However, it is legal, and generally not grounds for a lawsuit.
Discrimination is legal, except when it is based upon certain specific categories, such as race, sex, and religion. For example, it is perfectly legal to discriminate for a position based on the possession of education degrees, skill certification or availability to work specific hours or days of the week.
Immigration status (and specifically, needing a H1B sponsor in the future) is not a protected category, and as such it is legal to discriminate against this as a factor.
Additionally, there are several downsides for hiring a H1B candidate, and foremost of which is sponsoring someone for an H1B visa is not a sure thing, since the H1B system is run as a lottery; as such, you may not receive a visa or extension, and thus be ineligible to legally work.
answered Mar 8 at 21:31
sharursharur
2,064518
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
2
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
add a comment |
It is discrimination. However, it is legal, and generally not grounds for a lawsuit.
Discrimination is legal, except when it is based upon certain specific categories, such as race, sex, and religion. For example, it is perfectly legal to discriminate for a position based on the possession of education degrees, skill certification or availability to work specific hours or days of the week.
Immigration status (and specifically, needing a H1B sponsor in the future) is not a protected category, and as such it is legal to discriminate against this as a factor.
Additionally, there are several downsides for hiring a H1B candidate, and foremost of which is sponsoring someone for an H1B visa is not a sure thing, since the H1B system is run as a lottery; as such, you may not receive a visa or extension, and thus be ineligible to legally work.
answered Mar 8 at 21:31
sharursharur
2,064518
It is discrimination. However, it is legal, and generally not grounds for a lawsuit.
Discrimination is legal, except when it is based upon certain specific categories, such as race, sex, and religion. For example, it is perfectly legal to discriminate for a position based on the possession of education degrees, skill certification or availability to work specific hours or days of the week.
Immigration status (and specifically, needing a H1B sponsor in the future) is not a protected category, and as such it is legal to discriminate against this as a factor.
Additionally, there are several downsides for hiring a H1B candidate, and foremost of which is sponsoring someone for an H1B visa is not a sure thing, since the H1B system is run as a lottery; as such, you may not receive a visa or extension, and thus be ineligible to legally work.
answered Mar 8 at 21:31
sharursharur
2,064518
answered Mar 8 at 21:31
sharursharur
2,064518
answered Mar 8 at 21:31
sharursharur
2,064518
answered Mar 8 at 21:31
sharursharur
2,064518
2,064518
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
2
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
add a comment |
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
2
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
Thanks for the answer. With STEM PhD degree, I can work at least 3 years with student visa. 3 year is above the typical lifespan of a job in NYC. In other words, I'm effectively a regular worker. There's no problem of being ineligible to work.
– Machine
Mar 8 at 22:47
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
@Machine: There's no problem with being ineligible to work, for 3 years...unless you are going to be a contractor with a defined term of work, this may be an issue for you. Many businesses prefer to have (the illusion of) the option of continual employment. People leaving is disruptive, so businesses prefer to hire people that they think will stay for "years", regardless of statistics or reality. Insert comment about management here.
– sharur
Mar 8 at 23:13
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
Thanks. Funny that in a so-called free country I don't even have the rights to fight against discrimination.
– Machine
Mar 9 at 5:31
2
2
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
@Machine: No where is free from discrimination. Indeed, you are probably also experiencing discrimination in your favor, specifically discrimination in favor of those with PhDs, or at least college degrees. "Discrimination" is often used as a general term for unjust treatment, but it is only unjust (in my opinion) when applied to integral characteristics that are unrelated to the position one is searching for. Discrimination in favor of "those who are certain they can work for us for more than 3 years" is not illegal, nor in my opinion immoral, regardless of how unrealistic it is.
– sharur
Mar 9 at 16:21
add a comment |
Machine is a new contributor. Be nice, and check out our Code of Conduct.
Machine is a new contributor. Be nice, and check out our Code of Conduct.
Machine is a new contributor. Be nice, and check out our Code of Conduct.
Machine is a new contributor. Be nice, and check out our Code of Conduct.
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