Not long ago high-tech and other companies throughout the US were being
accused of hiring one too many foreigners for jobs that African Americans or other
citizens could easily qualify for. Speculation was that foreign workers were cheaper,
harder working and easier to take advantage of because they had more to gain and more to
lose in connection with a job.
The foreign worker trend, however, may be doing an about face as employers
become leery of foreigners. The 9/11 attacks and subsequent war have inspired both
patriotism and prejudice.
Many workers have told stories of being let go for no reason, questioned without
provocation by the INS, or treated differently by co-workers. Some are afraid to leave the
US for travel, fearing that they will not be allowed to re-enter.
A quick scan of employment ads will find scores of "US Citizen only" or "US
Permanent Residents Only" notations. While these existed in the past, they have
proliferated.
This type of blatant discrimination is actually illegal under the 1986 Immigration Reform
and Control Act. Only certain highly specialized government jobs may insist on such
restrictions, which exclude temporary residents, asylum-seekers and refugees.
Some employees cite INS red tape and lengthy processing delays as the reason for
requesting only US citizens. Although that explanation may be valid in some cases, it
doesn't explain the recent spike in citizen preferences.
The law is ambiguous in this regard. On the one hand, an applicant naturally has to be in
the appropriate immigration status to be authorized to work. On the other hand, the law
disallows discrimination based on immigrant status. While the INS usually focuses on
weeding out companies that are hiring illegal immigrants, the agency is now sending out
guidelines on how to avoid immigrant discrimination.
Of course, in the current economic climate with substantial layoffs in recent months, it
is hard for anyone to find a job at the moment. Some of the difficulty may be pure
coincidence, but in light of recent events it's not surprising that some foreigners feel
slighted.
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