Washington, DC – In an effort to control the practice of companies in the USA hiring non-Americans under the H-2B program, the Department of Justice is now reviewing this practice. Utilizing H-2 regulations, hundreds of thousands of foreign workers have replaced Americans in jobs across the USA. This anti-American hiring practice is particularly affecting the building trades.

A classic example of this hiring program took place by a Louisiana based company that gave preference to foreign H-2B workers and discriminated against Americans. Although companies regularly use the H-2B regulation to discriminate against Americans, in this case, the DOJ  announced that Barrios Street Realty Inc. has paid $108,000 to 12 U.S. workers as part of their settlement agreement. 

In March 2016 the DOJ determined that in 2014 the company failed to consider 73 U.S. workers who applied for sheet metal roofing positions. Instead, the company claimed no Americans were qualified and applied for H-2B foreign workers to fill these positions.  The DOB  found the company discriminated against Americans by using a federally approved process to hire foreigners.

“The Department of Justice will not tolerate employers misusing visa programs to discriminate against U.S. workers,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “We will vigorously prosecute claims against companies that place U.S. workers in a disfavored status.”

The DOJ settlement with Barrios Street Realty highlights a practice throughout our country that must be addressed by this administration – Americans fired and replaced by foreigners. Although under the settlement, Barrios Street Realty compensated U.S. workers, the H-2B practice which was legislated by Congress,   is continuing and expanding.

Let’s take care of our own and hire American workers in the USA.


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