If you are laid off and H1B in your team is not laid off- do you have a good court case
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Good chance the H1B made less money
One? Highly unlikely.
But if it's an established pattern of laying off citizens or permanent residents before h1bs, yes, that's completely illegal.
Look it up. Immigration and Nationality Act (INA), Section 274B (8 U.S.C. § 1324b).
Covered employers: Most employers with 4 or more employees.
Protected individuals: U.S. citizens, lawful permanent residents, refugees, and asylees.
Uh, not quite... If WF had hired the H1B AFTER firing a US worker, that would be an issue.
Otherwise, the US worker's only argument is if they can prove they are better qualified/educated than the H1B worker. But if that contains langue of BEFORE the H1B worker is hired.
https://www.dol.gov/agencies/whd/fact-sheets/62s-h1b-willful-violators
H1B temporary visa is for addressing shortage of labor in the US job market. Yes Wellsfargo abuses it. Yes you have a case.
LOL!
Of course not. Keep dreaming...
No, you actually have no case because companies are not prohibited from laying off U.S. workers as long as the layoff isn’t directly tied to the H-1B hire in a way that shows discrimination (e.g., preferring cheaper foreign labor) and the layoff doesn't violate any anti-discrimination, retaliation, or contract laws. Wells Fargo pays H-1Bs prevailing US wages. Also, are you certain that the H-1B holder doesn't have any additional (or superior) skills you don't have that the company could argue are what they want/need going forward, hence the decision to retain him/her and not you?