Meta Faces Legal Challenge for Prioritizing Foreign Talent Over American Workers; Implications for H-1B Visa Employment Await

Meta Faces Legal Challenge for Prioritizing Foreign Talent Over American Workers; Implications for H-1B Visa Employment Await

Meta Faces Lawsuit for Alleged Preferential Hiring Practices


Meta, the parent company of Facebook and Instagram, is facing significant legal challenges in the United States, with a lawsuit accusing the company of favouring foreign workers over American citizens in its recruitment methods. A federal judge in the U.S. has ruled that the lawsuit, which contends that Meta prefers H-1B visa holders for their lower wage demands, will move forward.

Details of the Lawsuit Against Meta

The lawsuit was brought forth by three U.S. citizens: Purushothaman Rajaram, an IT professional; Ekta Bhatia, a software engineer; and Qun Wang, a data scientist. These individuals claim that they submitted applications for various roles at Meta from 2020 to 2024 but were overlooked despite being adequately qualified. They assert that Meta consistently favours foreign visa holders over American workers.

Meta’s Response to Allegations

Meta has rejected these claims, asserting that there is no proof of deliberate discrimination against American employees. However, U.S. Magistrate Judge Laurel Beeler pointed to statistical evidence indicating that 15% of Meta’s workforce in the U.S. consists of H-1B visa holders, in contrast to just 0.5% of the overall U.S. workforce.

Previously Settled Related Case

In addition, the judge referenced a prior case from October 2021, where Meta reached a settlement valued at up to $14.25 million regarding similar allegations of giving preference to temporary visa holders over American citizens.

Lawsuit’s Journey Through the Courts

The lawsuit was initially dismissed in November 2022 when it involved only Rajaram, but a federal appeals court reinstated it in June 2023. The appeals court determined that the allegations were valid under Section 1981 of the Civil Rights Act of 1866, which forbids discrimination based on nationality or citizenship.

Next Steps in Legal Proceedings

The case, titled Rajaram et al. v. Meta Platforms Inc., will now continue in the U.S. District Court for the Northern District of California. A successful outcome could have substantial ramifications on how Meta and similar tech companies approach hiring, particularly concerning H-1B visa holders.

Plaintiffs’ Legal Perspective

A lawyer representing the plaintiffs, Daniel Low, expressed optimism that the lawsuit may lead to decreased bias in the tech industry towards visa employees. Nevertheless, he recognised that additional legislation or enhanced enforcement might be essential to fully resolve the concerns surrounding these hiring practices. Meta and its legal representation have yet to provide a response to the recent ruling from the court.

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