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Manager Refusing To Hire U.S. Workers, only H1-B Filipinos

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Dah23

New member
Where would a person go to report a facility that does not consider qualified applicants who are U.S. workers for employment, but instead only sponsor Filipino workers under H1-B? A Filipino lab manager at a nearby hospital who was in the U.S. on a H1-B eventually got his green card and was promoted to the manager position. Apparently he is abusing the system by denying qualified U.S. citizens employment and instead opting for Filipino workers. I know more about it than I should, because I work at a hospital in a neighboring community that actually hired one of his protégés as our lab manager. She was also Filipino and in the U.S. on PERM status. She also preferred Filipino workers to U.S. workers. We had to use the H1-B process at our facility since we had no qualified U.S. workers apply in our rural area. However, we found out that during the H1-B processes, she told candidates she was an "agent" on the side and charged them a fee of several thousand dollars each in exchange for employment. We fired her upon obtaining proof of this behavior and she went back to work under her former lab manager in the neighboring community.

So now my wife is a MLT student and is doing a clinical rotation at the neighboring facility in their lab. There is one U.S. worker there who has complained to my wife about the corrupt H1-B process at the facility. My wife's college affiliated with the facility's lab is also having problems with the Filipino manager, so much to the point where some of the other students will not go back to the corrupt lab. The program director is going to do a "pop-in" as a result of what her students have told her.

I would like for someone to report this abuse and exploitation of the system, but I cannot do it transparently myself due to my position where I work and the behavior occurring at a another facility. I have no direct tie to it and feel like it needs to come from someone who does. My wife is in a tough spot as well, because there are limited jobs available to her upon completing the MLT program. She is hoping the situation improves and she would be considered for employment at that time. What should we do?
 


LdiJ

Senior Member
Umm, that is stopping you from grabbing a burner phone at Wal Mart and calling up ICE and the FBI right now?
I am not sure that ICE is the right agency for this one. H1B visa holders are legally in the US and are legally able to work here. The FBI might be a valid agency to call.
 

xylene

Senior Member
I am not sure that ICE is the right agency for this one. H1B visa holders are legally in the US and are legally able to work here. The FBI might be a valid agency to call.
Even in today's climate, I'm quite sure that ICE would be very interested in an employer demanding bribes from their H1B visa holders.
 
Umm, that is stopping you from grabbing a burner phone at Wal Mart and calling up ICE and the FBI right now?
Save the money.
 

not2cleverRed

Obvious Observer
I am not sure that ICE is the right agency for this one. H1B visa holders are legally in the US and are legally able to work here. The FBI might be a valid agency to call.
Yeah, but an employer is only supposed to hire/sponsor a H1-B visa if that person is best recruit for the job; the employer is not allowed, by law, to discriminate based on one's nation of origin. That would be an EEOC violation.

When employers prefer H1-B employees, it is sometimes because the employees are compensated less than the going rate for US citizens and LPRs having the same job descriptions, and/or because they can exert power over the H1-B visa employees (such as the "fees" described by OP) that they cannot exert over US citizens and LPRs.

In the situation OP describes, the H1B employees are effectively being paid less than US citizens and LPRs because they have to give their boss a (several thousand dollar) fee in order to be hired.
 
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