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Justice Department Decision Lets Companies Shut Out American Workers

by Astrid Callahan
August 22, 2026
in Opinions, Original
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Sometimes the quietest rulings do the most damage. An administrative judge buried inside the Department of Justice has handed corporate lawyers a gift that guts enforcement against anti-American job advertising. Companies can now post ads that effectively say Americans need not apply, and the law will look the other way unless a rejected U.S. worker spends tens of thousands of dollars proving the obvious.

Lawyer John Miano, who has spent years fighting the H-1B racket on behalf of U.S. Tech Workers, called the decision a disaster. “This decision is a disaster for U.S. workers because it does not reflect the realities of hiring,” he told Breitbart News.

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The ruling assumes the entire process from ad to hire is one continuous act. In the real world, recruiters post ads simply to collect resumes for later. Many of those ads never list a specific job at all. They just solicit H-1B bodies.

According to the opinion, an employer can run an ad that reads “H-1B Workers Only” with no legal consequence. The only way to challenge it is if an American applies, gets rejected, and then proves the rejection happened because of citizenship status. That process, Miano notes, costs roughly $50,000 in legal fees before a judge ever hears the case. Ordinary workers cannot fight that kind of war.

The decision came from the Office of the Chief Administrative Hearing Officer, the obscure body that handles national origin and citizenship discrimination claims under the Immigration and Nationality Act. The judge wrote that “discriminatory advertising does not represent a discrete cause of action under the INA.”

Evidence of biased ads can only be used as part of a larger claim of nonselection or termination. In other words, the ad itself is not the problem. Only the final rejection is.

This is the same legal environment that once cleaned up job boards after the Programmers Guild and Bright Future Jobs forced the DOJ to act. The ads vanished for a while. Then they returned. Miano says the latest ruling makes policing them impossible.

Corporate lawyers for companies that joined the Chicago H-1B Connect Coalition— an elite jobs board that openly sought lower-wage foreign visa workers— persuaded the government that pure recruitment advertising for H-1Bs is fine.

The result is predictable. Networks of foreign executives and recruiters continue flooding the market with foreign labor while American professionals get pushed to the margins. Roughly half a million white-collar visa workers arrive each year through H-1B and related programs. Many of those jobs never reach American applicants in any meaningful way.

This bureaucratic surrender sits awkwardly alongside other moves from the same Justice Department. Assistant Attorney General Harmeet Dhillon’s Civil Rights Division has been fining companies that prefer temporary visa holders. OpenAI paid $3.2 million in early August after failing to properly advertise a position it used to help a visa worker obtain a green card. Dhillon stated plainly that it is illegal to discriminate against U.S. workers by preferring temporary visa holders. Yet the administrative ruling quietly undercuts the practical ability to stop the ads that make such discrimination easy.

Labor Department Inspector General Anthony D’Esposito has already flagged the darker side of this market. Investigations are examining kickbacks and relationships that may reach into gangs and transnational criminal organizations.

American tech workers, some with decades of experience and published books, are driving Amazon Flex for $20 an hour or taking $17-an-hour gigs because the career ladder has been pulled up.

Woe unto them that decree unrighteous decrees, and that write grievousness which they have prescribed.

Attorney General Todd Blanche has the authority to review and reverse this decision. He should. A government that cannot even prevent companies from advertising “Americans need not apply” has abandoned the most basic duty it owes its own citizens.

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The middle class does not rebuild itself when the entry-level and mid-career jobs that once supported it are sold off to foreign labor brokers. That is not immigration policy. That is national self-sabotage dressed up as legal technicality.

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Tags: Department of JusticeEconomyEmploymentJobsLaborLedeTop Story

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