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Job Descrimination based on contry and vsa status?

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int64

Junior Member
What is the name of your state (only U.S. law)?
Ohio.

Hi,

This is a question I want to ask. My employer sends people abroad to other countries on company expense for business which gives them exposure to other cultures, country. It helps them gain leadership skills, confidence as well as its one the free perks they enjoy, getting a fully paid free trip to an international destination. I am from India and I work on H1b. When I asked my manager why we are not being send, He said its a visa issue thing, you guys will have problem with visa, while there are a lot of countries where even American citizen needs to apply for visa to visit them(such as China?). and there are a lot of countries which grant visa if someone has a valid US visa. Isn't this is wrong? based on my country and visa status I am being deprived of an opportunity even without making any efforts simply being told that its an issue.

Also I have heard that it takes more time for H1b workers to get promoted compared to natives. for the same position where natives/citizens get promoted in 18 months, H1b's have to wait till 30 months. I am not sure If I can prove this, but this is what I have heard commonly. The reason given is performance while I have seen people on H1b working really hard so that they can get promoted and be eligible to file for green card as a company policy. Isn't it discrimination ?
 
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OHRoadwarrior

Senior Member
A company discriminating on the basis of expense is not illegal. A company wanting its employees to have global exposure is admirable. Since you are from another country, you already have that exposure. What you have "heard" regarding promotions means nothing.
 
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eerelations

Senior Member
Your US employer is correct in that many countries outside the US refuse to grant work permits to people working for US companies on H1b visas. The US government has no control over this and therefore cannot enact laws prohibiting this. This is not illegal discrimination on your US employer's part, it is simply a fact of doing business internationally. You cannot sue your US employer over this.

You also cannot sue your US employer over its promotion policies. An H1b status employee is by definition, and by law, a temporary employee. While it would be illegal for your US employer to have different promotion policies based on protected characteristics such as race, gender, religion, age, and disabilities, it is not illegal to have different promotion policies based on employment status such as temporary. This is because "temporary" is not a protected characteristic as enshrined in US law.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)?
Ohio.

Hi,

This is a question I want to ask. My employer sends people abroad to other countries on company expense for business which gives them exposure to other cultures, country. It helps them gain leadership skills, confidence as well as its one the free perks they enjoy, getting a fully paid free trip to an international destination. I am from India and I work on H1b. When I asked my manager why we are not being send, He said its a visa issue thing, you guys will have problem with visa, while there are a lot of countries where even American citizen needs to apply for visa to visit them(such as China?). and there are a lot of countries which grant visa if someone has a valid US visa. Isn't this is wrong? based on my country and visa status I am being deprived of an opportunity even without making any efforts simply being told that its an issue.

Also I have heard that it takes more time for H1b workers to get promoted compared to natives. for the same position where natives/citizens get promoted in 18 months, H1b's have to wait till 30 months. I am not sure If I can prove this, but this is what I have heard commonly. The reason given is performance while I have seen people on H1b working really hard so that they can get promoted and be eligible to file for green card as a company policy. Isn't it discrimination ?
**A: I think you should not worry about this and enjoy the American culture. I do not see any discrimination here.
 

int64

Junior Member
"
A company discriminating on the basis of expense is not illegal. A company wanting its employees to have global exposure is admirable. Since you are from another country, you already have that exposure. What you have "heard" regarding promotions means nothing.
"

let me get the facts straight with you first. I wasn't hired as a cheap labor at the expense of a US citizen having a job. I was hired because the company did not find intelligent enough and qualified enough natives to do the job. I did my masters from NYU and paid a lot of money which most of the natives can not afford and then I worked my xx off to get my master's degree .
 
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