很不幸,很可能不会……
这里被保护的人群是(1) U.S. citizens and nationals; (2) recent lawful permanent residents (sometimes called “green card” holders); (3) refugees; and (4) asylees,H1-B似乎不包含在内。
有一个律师写的网站也讨论了这个问题:
What about applicants who have temporary authorization to work in the United States? Indeed, there are various individuals who may be legally present and authorized to work in the United States—including H-1B visa holders (person in a specialty occupation), O-1 visa holders, F-1 OPT visa holders (students engaging in Optional Practical Training), among others—but such authorization is temporary in nature. The INA’s anti-discrimination provision only prohibits discrimination against “protected individuals,” which are defined by the act to include (1) U.S. citizens and nationals; (2) recent lawful permanent residents (sometimes called “green card” holders); (3) refugees; and (4) asylees. This protection does not extend, however, to temporary visa holders. Thus, an employer who decides not to hire a temporary visa holder would likely not subject an employer to claims of unlawful citizenship and/or immigration status discrimination so long as that employment decision is made exclusively on the basis of an individual’s status as a temporary visa holder. |