In a move set to devastate American livelihoods, the Department of Justice (DOJ) has quietly issued a legal judgment that effectively grants corporations permission to openly discriminate against U.S. citizens in job advertisements. This alarming decision, as veteran lawyer John Miano warns, is a direct assault on the economic security of American families.
"This decision is a disaster for U.S. workers because it does not reflect the realities of hiring," Miano, who is actively challenging a Chicago-based consortium that prioritized H-1B workers over Americans, told Breitbart News. "It presumes that the entire hiring process from advertisement to hiring involves the same job. In reality, the industry practice is to advertise to collect resumes [for later hiring]. The advertising here did not even include jobs, just sought H-1B workers."
The administrative judgment, handed down by the DOJ's Office of the Chief Administrative Hearing Officer (OCAHO), creates a dangerous loophole. "According to this opinion, if an employer places an ad that says "H-1B Workers Only," there is no sanction against it unless someone applies, gets rejected, and can prove that they were denied the job because they were American," Miano explained. This effectively establishes an insurmountable legal barrier, with American workers facing an estimated $50,000 in legal fees just to investigate and argue such a case.
The DOJ, predictably, has remained silent on this troubling development, offering no response to Breitbart News' inquiries. Miano, a tireless advocate for US Tech Workers, has a proven track record of fighting against the systemic replacement of American professionals by cheaper visa labor. He has filed multiple successful lawsuits against entities like the Chicago H-1B Connect Coalition, which brazenly advertised jobs to lower-wage H-1B workers while signaling to Americans that they need not apply.
This latest ruling, influenced by corporate lawyers, blesses the practice of posting recruitment ads exclusively for foreign H-1Bs, locking out qualified Americans from their own job market. The OCAHO decision chillingly states that "discriminatory advertising does not represent a discrete cause of [legal] action under the INA," or Immigration and Nationality Act. It further clarifies that evidence of advertising discrimination is only admissible "as part of a case alleging nonselection, recruitment, or termination, rather than as independently actionable violations of the INA."
The statute and regulations limit evidence of advertising discrimination to part of a case alleging nonselection, recruitment, or termination, rather than as independently actionable violations of the INA.
This comes amid a disturbing resurgence of discriminatory online advertising, where shadowy networks of foreign executives and recruiters funnel U.S.-based jobs to a seemingly endless supply of foreign visa workers and even illegal migrants, all while American citizens struggle to find work.
"Over the years, we have had cleanups of the job boards" where companies explicitly offer jobs to H-1B visa workers, not to Americans, Miano recounted. "The Programmers Guild did around 2000. After making numerous complaints, the [DOJ] sanctioned employers. The ads disappeared. A few years later, the ads started popping up again and Bright Future Jobs [a pro-American advocacy group] did the same so the ads started going away. The ads are back again. This decision makes policing the ads impossible."
This systemic discrimination robs Americans of vital career-starting jobs, pushing them out of the middle class and into economic uncertainty. It is a highly profitable scheme for ambitious executives who exploit the H-1B and other visa programs, importing roughly 500,000 foreign white-collar workers each year.
During the Trump administration, there was a concerted effort to combat this fraud. President Donald Trump’s deputies began investigating widespread abuse in the white-collar job market. In July, Anthony D’Esposito, the Inspector General at the Department of Labor, warned that investigations would uncover "criminal enterprise" activity and kickbacks in the selling of these jobs, promising oversight from lawmakers.
Without revealing too much of an investigation, I think that when complete, one of the things that will probably make the American people most angry… and will probably lead to the biggest change from lawmakers — they will probably bring oversight to this — [is] the fact that many of the individuals that you’re talking about that are selling these jobs, getting kickbacks. We will clearly outline and define their relationships with — whether it’s gangs [or] whether it is transnational criminal organizations.
In a rare example of accountability, the DOJ fined OpenAI, a leading AI company, $3.2 million for failing to advertise a job transparently for a visa worker seeking a green card. Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division stated, "It is illegal to discriminate against U.S. workers by preferring temporary visa holders for jobs. This substantial settlement ensures that OpenAI redresses harm and changes its recruitment practices so that U.S. workers receive a fair opportunity for highly sought-after technology positions." This crucial enforcement is now threatened by the new administrative ruling.
The consequences for American tech professionals are dire. Many have been forced out of their fields into lower-wage jobs, while subcontractor companies openly recruit from Indian-run "C2C" recruitment sites.
Jesse Stay, a professional with 13 published books, shared his frustration on LinkedIn: "I’m driving Amazon Flex making $20/hr. Yet I have 13 published books. Make it make sense. No, seriously — I wish I knew why I can’t get a job despite thousands of applications and hundreds of interviews in the last 3 years. We need to fix recruitment in this industry."
Yet I have 13 published books. Make it make sense. No, seriously—I wish I knew why I can’t get a job despite thousands of applications and hundreds of interviews in the last 3 years. We need to fix recruitment in this industry.
Richard H. echoed this sentiment: "After sending out 400+ resumes without any nods, I finally gave up and just retired. I had wanted to work another 5-8 years but my name is out there enough times now there doesn’t seem to be any way of getting around the age hang up." Jonathan Peters, another displaced tech worker, added, "It’s a little more than $17 [per hour job] for me. We can’t afford it either but we have savings and my wife will start working again."
This quiet administrative ruling from the DOJ is not merely a bureaucratic detail; it is a profound betrayal of the American worker. It undermines the very principle of prioritizing our own citizens in their homeland and stands in stark opposition to the America First vision that demands our government fight for our jobs, our security, and our families. The fight for fair employment and the protection of American workers from corporate exploitation has never been more critical.
