US tech company penalised by Department of Justice for favouring H‑1B visa workers over American candidates

The US Justice Department has penalised California-based tech recruiter Epik Solutions for discriminating against American workers in favour of foreign H‑1B visa holders, as per a report by the Times of India. The action marks the first settlement under the revived “Protecting US Workers Initiative.”

An investigation found that Epik Solutions violated the Immigration and Nationality Act (INA) by posting job advertisements that excluded US citizens and gave preference to H‑1B visa applicants.

Under the terms of the settlement, the company has agreed to:

• Pay $71,916 as civil penalty to the US government
• Revise its hiring and recruitment policies
• Undergo compliance training
• Cease the practice of placing ads that exclude US workers

The Department emphasised that this move signals stricter enforcement against discriminatory hiring.

“Protecting American workers from unlawful discrimination in favour of foreign visa workers is a top priority of the Justice Department's Civil Rights Division,” said assistant attorney general for civil rights, Harmeet K. Dhillon to TOI. She further stated, “The days of the federal government looking the other way on American workforce protection are over.”

The “Protecting US Workers Initiative” was relaunched to ensure that US citizens are not unfairly excluded from employment opportunities. Epik Solutions' settlement is expected to serve as a warning to other firms employing similar practices.

(With inputs from TOI)