Compiled from reports by INDIA New England News and Social News XYZ. See the original articles linked below.
This article reports news and is not legal advice.
The US Justice Department has allowed an administrative law judge's decision on job advertisements aimed at H-1B visa holders to take effect without further review, according to reports from INDIA New England News and Social News XYZ. Both outlets credit the news agency IANS for the account.
The ruling
INDIA New England News reported that the decision, issued on August 12, found that advertisements directed at H-1B holders do not automatically amount to unlawful discrimination against American workers. Social News XYZ wrote that Attorney General Todd Blanche let a 60-day review period run out without acting.
The case was a complaint brought by U.S. Tech Workers against Boston Consulting Group. It concerned the firm's involvement with P33 Chicago H-1B Connect, a job board for H-1B visa holders, according to both outlets. The judge dismissed the complaint.
As described by INDIA New England News, the judge reasoned that discriminatory wording in an advertisement is not a separate violation under the Immigration and Nationality Act. Social News XYZ added that such advertising can still be used as evidence in cases about nonselection, recruitment or termination. That outlet also reported that, under the ruling, those who challenge H-1B-targeted job boards must show they were actually harmed in hiring or recruitment.
Reaction
Thirteen Republican members of the House of Representatives had asked the department to take up the case. Social News XYZ said the group was led by Representatives Paul Gosar and Chip Roy. INDIA New England News reported that their letter, dated October 9, argued the ruling weakens protections for American workers.
Social News XYZ also quoted John Miano, the lawyer representing U.S. Tech Workers, as saying the outcome sets back 25 years of prosecutions.
According to both outlets, the Justice Department said the decision was consistent with precedent of the Office of the Chief Administrative Hearing Officer, known as OCAHO. The department said it aggressively targets employers who discriminate against American workers.
Related enforcement cases
Both articles placed the development alongside other recent actions. INDIA New England News reported that Instacart agreed to pay $5 million to settle allegations of discrimination connected to recruitment for PERM green card applications, and that Cloudera accepted a two-year suspension from the PERM program. Social News XYZ said the Instacart settlement came on the same day as the reports on the ruling and the Cloudera agreement came the week before.
Both outlets noted that Indian nationals have accounted for more than 70 percent of approved H-1B petitions in recent years.
Sources
- US Justice Department Lets Ruling Stand on H-1B-Only Job Advertisements (INDIA New England News, 2026-10-21)
- H-1B job ads not inherently discriminatory, US Justice Department upholds ruling (Social News XYZ, 2026-10-20)
This article was compiled with AI assistance from the reports listed above and reviewed by GMA before publishing.