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Letter: Corporations shouldn’t flout U.S. laws to prioritize foreign workers over qualified local applicants

(Francisco Kjolseth | The Salt Lake Tribune) University of Utah graduates enter the Huntsman Center for commencement ceremonies on Thursday, May 2, 2024.

Whether or not you agree with the current administration’s immigration policies, ICE raid frequency, or the general demeanor of Secretary Noem, a significant problem in Utah is being obscured. Corporations based here are attempting to circumvent our laws to prioritize foreign workers over qualified local applicants.

The law is clear about the H-1B visa program. Section 214 of the Immigration and Nationality Act states that employers may only hire foreign workers if they cannot find qualified, legally eligible applicants in the United States. Yet, evidence suggests some companies are exploiting this system.

I recently discovered a website called jobs.now, which reveals “hidden” job listings across America: positions that corporations allegedly conceal from U.S. applicants to claim a shortage of qualified candidates to the Department of Labor. You can view the Utah hidden jobs at jobs.now.

These are not low-skill or manual labor positions. They include roles like senior project managers, vice presidents of settlements, lab specialists, and even a senior salesforce marketing Cloud administrator at the University of Utah. Are we to believe that not a single American is qualified or willing to fill these roles? Imagine graduating from the University of Utah with $100,000 in student debt, only to be told, “There’s no work for you here.”

Theories abound as to why companies engage in these practices. Some argue that H-1B workers can be paid less and are more vulnerable to exploitation, as their visa status depends on their employment. This dynamic gives managers significant leverage, potentially discouraging the hiring of American workers who have more negotiating power. Or maybe people just like hiring their friends once they obtain a management position.

Regardless of the reasons, whether driven by cost-cutting or more nefarious motives, can we agree that companies must follow the law? Recent graduates and qualified Utahns deserve a fair chance to compete for these opportunities. Transparency in hiring practices is essential to ensure that local talent is not unfairly passed over.

I have no issue with foreign workers filling roles that require exceptional expertise or meet genuine needs. Having worked overseas in Europe and China, I value the contributions of global talent. However, Utahns deserve a fair shot at jobs in their own state. It’s time to bring more sunlight to these hiring processes and hold corporations accountable.

Sean-Michael Robinson, Daybreak

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