H-1B Hiring: Tech Giants Accused of Bypassing U.S. Workers

Amid sweeping layoffs across Silicon Valley, several major technology firms are now under scrutiny for what critics describe as H-1B hiring discrimination. A recent Newsweek investigation revealed that companies are allegedly bypassing standard recruitment practices and instead funneling certain job postings through channels aimed at immigrant candidates—raising concerns that American workers may be sidelined.

According to the report, U.S. regulations require companies to advertise positions in local newspapers and first extend opportunities to American-born workers before considering foreign applicants. However, job ads published by some of the industry’s most recognizable firms appeared to redirect applicants toward “immigration” or “global mobility” departments rather than traditional recruitment teams.

Critics argue this practice makes the hiring process less transparent and effectively discourages American applicants from even attempting to apply. A website dedicated to tracking H-1B hiring discrimination told Newsweek that “Americans are not even aware that major tech companies are routinely discriminating against them. At a time when unemployment for college graduates is rising sharply, it is critical to call out hiring practices that may be keeping Americans out of work.”

H-1B Hiring: Unusual Job Ads Raise Red Flags

The Newsweek investigation cited multiple cases. For instance, a San Francisco Chronicle advertisement from OpenAI sought a software engineer but directed applicants to submit resumes to the “global mobility team.” Similarly, grocery delivery giant Instacart listed multiple openings that required resumes to be funneled through a specialized department rather than the standard HR pipeline.

In another example, online education platform Udemy advertised for a director of marketing analytics and data science—but instead of pointing candidates to its careers page or LinkedIn listings, it instructed them to send applications directly to “immigration@udemy.com.”

Employment analysts say these “unusual application methods” are designed to yield fewer domestic applications than conventional hiring tools like company job boards, Glassdoor, or LinkedIn. Critics see this as a deliberate tactic to ensure jobs are ultimately steered toward immigrant candidates, primarily under the H-1B visa program.

The Ongoing Debate Over the H-1B Program

The H-1B program, which allows U.S. employers to hire highly skilled foreign professionals in specialized fields, has long been a flashpoint in American politics. Each year, Indian nationals make up the largest share of H-1B recipients, often transitioning from U.S. universities into full-time employment through the program.

Supporters—including universities, multinational corporations, and many Silicon Valley executives—argue that the H-1B pipeline is vital for maintaining America’s global leadership in technology, research, and innovation. They claim that without access to top international talent, U.S. companies risk losing their competitive edge.

Critics, however, warn that unchecked reliance on the program leads to H-1B hiring discrimination, depresses wages, and undermines opportunities for domestic workers. With the unemployment rate for U.S. college graduates showing signs of upward pressure, watchdog groups say these hiring practices deserve closer oversight from regulators.

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