H-1B: Outsourcing giant games visa system to discriminate against non-South Asians in hiring, lawsuit claims
Sunnyvale-based U.S. unit of HCL targeted in legal action
By ETHAN BARON | ebaron@bayareanewsgroup.com | Bay Area News Group
PUBLISHED: March 8, 2019 at 12:59 pm | UPDATED: March 9, 2019 at 5:52 am
Outsourcing giant HCL Technologies and its Sunnyvale-based U.S. subsidiary are exploiting the H-1B visa system while discriminating against non-South Asian workers, a new lawsuit alleges.
The firm applies for and receives many more H-1B visas than it needs, gaming the lottery-based system to snatch up as many of the hard-to-obtain visas as possible, according to the lawsuit by Gregory Handloser, a salesman who alleges HCL denied him employment five times because it favors Indians and other South Asians.
HCL has been able to secure visas for far more individuals than it actually has a present need for, the lawsuit, filed in U.S. District Court in San Jose, claimed. For example, HCL is consistently one of the top-10 H-1B visa recipients in the U.S., and from 2015 to 2017, HCL received 10,432 new H-1B visas and 310 L-1 visas, far more positions than could actually exist given that HCL only employs approximately 12,000 individuals in the United States.
All, or substantially all, of the individuals for whom HCL secures visas are South Asian.
Surplus H-1B holders are benched until they are placed into jobs, the suit alleged. Because the company has a policy to fire workers benched for more than four weeks, and because South Asians get preference for new positions, non-South Asians are disproportionately terminated, the suit claimed.
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