Following high-profile allegations involving H-1B workers and companies like Disney, the Office of Special Counsel issued a letter on contracted visa workers that attorneys say highlights the need for caution in hiring and firing decisions.
In a technical assistance letter dated Dec. 22, the DOJ unit tasked with enforcing anti-discrimination aspects of immigration law — known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices — tackled the question of whether a company can fire U.S. employees and use contracted visa workers instead.
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Ian MacDonald of Greenberg Traurig LLP added that the letter was a reminder to employers to make sure that none of their policies or procedures are discriminatory in nature.