The Department of Justice is allowing business groups to exclude Americans in posts that tout jobs to resident H-1B workers and other non-immigrant foreign workers.

The department’s decision makes it very difficult for ordinary Americans to sue for job discrimination, responded John Miano, a pro-American lawyer who has filed many lawsuits against discriminatory job ads by subcontractors in the Fortune 500 tech sector.

“The whole 25 years of prosecuting companies for H1B [-related anti-American job discrimination] is set back 25 years by this,” he said. Congress will not act, so the only potential fix is to file an expensive lawsuit at the Sixth Circuit Court of Appeals, he said. 

The new policy was set in early August by a mid-ranking agency lawyer. Attorney General Todd Blanche had sixty days to put the policy under review, but did not act, despite pleas from 13 House legislators, Miano and other pro-American groups. “The Attorney General has until the middle of this week to decide whether he will review the case,” the legislators wrote on October 9. “We certainly hope he will.”

The policy was an Administrative Law Judge (ALJ) working for the department’s Office of the Chief Administrative Hearing Officer (OCAHO), which reviews claims of national discrimination. The decision states that “discriminatory advertising does not represent a discrete cause of [legal] action under the INA,” or Immigration and Nationality Act, adding:

The statute and regulations limit evidence of advertising discrimination to part of a case alleging nonselection, recruitment, or termination, rather than as independently actionable violations of the INA.

“Cases applying Title VII [alternative anti-discrimination laws] distinguish between advertising designed to expand the pool of applicants and discriminatory advertising … [and job ads which] expanded the pool of applicants,” the judgment says.

The decision sidelines American professionals as it shoehorns foreign H-1B workers into decades-old affirmative action rules drafted for African-Americans, women and minorities, Miano said.

The Justice Department exclusively told Breitbart News:

The Department thoroughly reviewed the ALJ’s decision and stakeholder concerns, and ultimately determined that the underlying decision was consistent with OCAHO precedent.

But the department insisted that it would investigate and penalize discrimination in hiring:

The Department aggressively targets employers who discriminate against American workers through unlawful hiring practices. Through our Protecting U.S. Workers Initiative, the Department has recently secured multimillion‑dollar settlements from companies including Apple, OpenAI, and a range of staffing and agricultural firms. These results send an unmistakable message: the DOJ will hold accountable any employer that discriminates against Americans.

On Tuesday, for example, the department announced a $5 million fine against grocery firm Instacart for excluding Americans from some jobs it has assigned to temporary visa workers seeking permanent green cards.

Assistant Attorney General for Civil Rights, Harmeet Dhillon, has filed and won a series of cases against major companies for sidelining American candidates.

Vice President JD Vance and other top administration officials have denounced the various visa programs for damaging Americans — and have drafted a series of regulatory reforms that would curb those programs. However, the reforms have yet to survive lawsuits being funded by companies that use the desperate and compliant visa workers to sideline and subordinate American professionals.

At least 1.5 million white-collar jobs have been granted to mixed-skill visa workers instead of skilled Americans. The mass hiring of visa workers by C-suite executives has produced multiple episodes and plentiful evidence of routine fraud, hiring kickbacks, wage theft, discriminatory firings, ethnic nepotism, and costly featherbedding.

One nationwide result is a massive loss of innovation and wealth as a huge number of promising American graduates are pushed out of entrepreneurial careers in Silicon Valley, banking, and healthcare. Also, investors have promoted many Indian-born executives into a large share of management and CEO jobs, and those CEOs have moved many critical jobs from American to Indian H-1B and to India’s cities.

“The H-1B visa program is meant to allow companies to bring in really the best of the best from outside the United States of America for positions that are completely impossible to fill with American workers,” Vance said on October 8, adding:

Unfortunately, the program has become rife with fraud over the last several years, probably the last several decades …  Microsoft laid off last year 6,000 American workers. At the same time, the company benefited from 6,300 H-1B visas and almost 3,000 green cards [for foreign workers]. … If you do the math, for every worker that Microsoft laid off, they replace that worker with one and a half foreign indentured servants.

Blanche spoke at the same October 8 event, saying:

For too long, employers have engaged in tactics … to protect and, in some cases, prefer foreign workers for all types of job opportunities. These practices have shut American workers out of the economy of their own country and have made it more difficult for both recent college graduates — and also experienced workers — to get a fair shake at the employment market and a fair wage.

“But no longer,” Blanche added.

Miano is a lawyer for US Tech Workers, which campaigns against the widespread use of visa workers. He has filed multiple successful discrimination lawsuits against the companies that cooperated with an elite-created group in Chicago, the Chicago H-1B Connect Coalition.

The coalition served as a jobs board for multiple companies, and advertised potential jobs to lower-wage, subordinate H-1B workers while excluding Americans from consideration. The jobs board was useful for employers who preferred to hire H-1B workers who sought to switch from abusive employers or to find new jobs after their employers closed down.

The department’s decision reflects the clout of Wall Street investors in multiple administrations, said Miano. That investor faction has blocked any useful reform of the H-1B program since its creation in 1990, he said.

Because of the program, the white-collar sector has filled up with Indian and Chinese graduates, pushing millions of Americans out of white-collar opportunities and high-tech wealth, and shoving trillions of dollars in value back to Wall Street, India and China.

Trump has the power to block the program by requiring companies to show they are not disadvantaging Americans, said Miano. So far, he has allowed his deputies to draft many limited reforms that are now entangled in lawsuits.

Vance should try to persuade President Donald Trump to take stronger action to restore the middle class and the U.S. professional sector, said Miano, adding:

Mr. President, do you realize you’re importing more computer workers on H-1B visas every year than you’re creating computer jobs? … What’s the point of deporting gardeners and then bringing in more computer workers than that we create computer jobs so our kids can’t find work, you’re undermining yourself.

“Basically, he’s sacrificing the votes of younger workers for short-term big tech money,” Miano added. 

On September 30, Trump told a room full of supporters that immigration politics “is the hardest job that I’ve had,” adding:

Because they’ll say “You’re too tough” or “You’re too soft.” “Get tougher!” “Get softer!” No matter what you do, it’s always tough.

But he also told the assembled business executives and donors, “We have to have the votes.”