Are layoffs taking into account the immigration status of employees?
I don’t wish a layoff for anyone but when it comes to it I would appreciate if US citizens get preference.
12 replies (most recent on top)
@cr Ha. Having worked with scores of H1Bs over the years, exactly none of them have had special skills that can't be found elsewhere. That's been the big lie that Big Tech has pushed for 20 years. Anyone inside tech knows it's complete hogwash.
You're right though. It's specifically illegal to lay off citizens first under 1324b. US Citizens are a protected class for hiring or firing or promotions.
This whole ‘should H1Bs get laid off first’ take is wild.
If a company sponsors someone for an H1B, it’s because that person is doing highly specialized work that most people here can’t do — including the OP. They’re not offshore, they’re not cheaper, and they’re definitely not replaceable with whoever happens to be in the building. They’re here because they’re skilled. Period.
If you can’t do their job, you’re not actually competing with them — so maybe focus on your own performance instead of hoping an immigrant gets cut so you feel safer.”
Also, companies can’t (and won’t) lay people off based on citizenship status. HR isn’t trying to catch a discrimination lawsuit because an anonymous commenter on TheLayoff thinks ‘Americans should get preference.’ That’s not how employment law works. Layoffs happen based on role necessity, redundancy, and business needs — not whoever someone personally prefers to keep.”
If you genuinely believe an H1B employee retaining their job is a threat to yours… that says more about your skillset than theirs.
Trump and the monied class loves H1Bs, cause they can pay them pennies. You know damn well they aren't going anywhere, while you spend time on the unemployment line.
With ICE going on a nationwide tour, H1Bs will not be retained. In fact, they will be detained.
@a6 It's not an opinion, it's a fact. Mass layoffs involve lawyers, and lawyers don't like lawsuits they'll lose.
@ac While H1Bs aren't a protected class, US Citizens and permanent residents most certainly are. It's strictly illegal to fire US Citizens before H1Bs.
If they get paid less I'd say VZ would keep them, not that they should.
@a3: disagreed.
@a2: yes, but most stay longer without a job unless caught.
It's not specifically illegal. H1B status isn't a protected class.
However, any company would likely shy away from giving the H1Bs the chop first because most H1Bs are from India, and it might be viewed as a de-facto form of discriminating on national origin, which is illegal.
Do you still get 60 days to find a new job or leave the country? A teammate is worried about the same.
@OP: 100% agreed!!!