Fighting Citizenship Discrimination in Employment

A Step-by-Step Manual for American Workers

What’s the Problem and Solution?

If you're an American citizen who has been discriminated against in hiring because employers prefer non-citizens (specifically H-1B and OPT visa holders), you have legal recourse. The Department of Justice Civil Rights Division is actively pursuing these cases and securing settlements for affected workers.

What is Citizenship Discrimination?

• Companies refusing to hire American citizens while preferring foreign workers on temporary visas (H-1B, OPT, CPT)

• Job postings that explicitly exclude U.S. citizens or state preferences for visa holders

• Systematic practices that favor non-citizen workers over equally qualified Americans

• Here’s an job listing example.

Why This Matters Now?

The DOJ Civil Rights Division is taking citizenship discrimination seriously and has successfully secured a settlement for one of the Institute for Sound Public Policy’s tech worker activists, including a high five-figure payment for the affected worker.

This is your opportunity to not only seek justice for yourself but also help eliminate discriminatory practices that harm American workers. The DOJ is actively pursuing these cases and achieving real results.

The 5-Step Process to Fight Discrimination

Step 1: Identify Discriminatory Job Postings

Look for job advertisements containing language (example provided below):

• "Only H-1B Visa Workers"

• "Only OPT/CPT applicants"

• "U.S. Citizens Need Not Apply"

• Any similar language that excludes or discourages American citizen applicants

Step 2: Document the Evidence

• Take screenshots of the discriminatory job posting.

• Archive the job posting link using web archiving services.

• Save multiple copies of all evidence in different formats.

• Note the date and time you discovered the posting.

Step 3: Apply for the Job

• Apply immediately after documenting the discrimination.

• Keep detailed records of your application submission.

• For PERM-related positions requiring mailed resumes: Obtain and keep postal receipts.

• Document your qualifications and how they match the job requirements.

Step 4: File Your DOJ Complaint

Before filing your DOJ complaint, ensure you have:

✓ Core Evidence

1. Proof of citizenship discrimination (screenshots, archived links)

2. Completed job application with submission confirmation

3. Current resume that shows your qualifications

4. All communications with the employer (emails, messages, letters)

✓ Timeline Documentation

5. Application Date (When you applied for the position)

6. Hiring window closure date (When applications were no longer accepted)

7. Rejection notification date (When you were informed you didn't get the job)

✓ File Format Requirements

• All documents must be in PDF format.

• Files must be email-ready attachments.

• Keep multiple backup copies of all evidence.

Important form details:

• In Section 2, under "Type of Discrimination Alleged," select "Citizenship Status Discrimination."

• Attach all evidence as PDF files.

• If you need additional help with filling out the form, reach out to my email, klynn@instituteforsoundpublicpolicy.org.

• Submit your case through the Department of Justice website: https://www.justice.gov/crt/filing-charge.

Step 5: Maintain Communication

• Respond promptly when DOJ lawyers contact you.

• Provide additional information as requested.

• Keep detailed records of all communications.

• Follow up regularly to keep your case active.

Now What?

Potential Outcomes

• Financial settlements (the most recent case resulted in a five-figure settlement)

• Company policy changes (mandatory training, revised hiring policies)

• Elimination of discriminatory practices (companies prohibited from future discrimination)

Timeline

• The recent case was resolved in approximately 4 months.

• DOJ lawyers will maintain regular contact throughout the process.

Ready to Fight American Citizen Discrimination in Employment?

Five-Step Plan

1. Start monitoring job boards for discriminatory language

2. Document everything when you find violations, including dates, communications, and actions taken by the employer.

3. Apply immediately to establish standing

4. File your DOJ complaint with complete documentation

5. Stay engaged throughout the process

Five Common Mistakes

1. Don't delay in applying for discriminatory job postings.

2. Don't file complaints without proper documentation.

3. Don't ignore requests for additional information from DOJ lawyers.

4. Don't assume your case isn't strong enough—let the Department of Justice decide.

5. When filling out the form, in Section 2, under Type of Discrimination Alleged, make sure to check “Citizenship Status Discrimination.”

Help?

The Institute for Sound Public Policy is here!

• We here at the Institute for Sound Public Policy are here to help you through the process at no charge.

• We are here to assist with form completion and documentation preparation, including if you have gathered enough evidence.

• We have one of the great legal minds of our movement, John Miano, ready to answer questions.

• Reach out to my email: klynn@instituteforsoundpublicpolicy.org