OSC TAL on Replacing U.S. Workers with Visa Workers

DOJ OSC, Dec. 22, 2015 - "This is in response to your letter of November 2, 2015 to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC” or “Office”). In your letter, you pose several questions regarding whether certain employer practices violate the Immigration and Nationality Act’s (“INA’s”) prohibition against citizenship status discrimination. Specifically, you ask whether an employer may, consistent with the anti-discrimination provision of the INA, terminate U.S. workers and rely on contract workers with temporary work visas to perform th"e work previously done by the terminated U.S. workers.