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Abstract

H-1B Specialty Occupations Visas allow numerous foreign nationals to obtain a pathway for entry into the United States through their hard-earned efforts and specialized skills. After meeting stringent requirements and completing complex processes, holders of H-1B visas may begin working in America. Unfortunately, when these individuals come to the land of opportunity, they encounter a harsh reality of employment: the incessant discriminatory abuse of H-1B visa holders by their employers. H-1B employees endure severe working conditions, long hours, unattainable deadlines, wage disparities, and racial biases as they navigate an unknown nation. Employers tend to exploit H-1B workers because these visa holders are essentially “handcuffed” to their positions in a role akin to indentured servitude. The law, as it stands, permits employers to continue these inequitable actions and evade liability. H-1B visa holders are humans, too, and merit protections equivalent to those possessed by U.S. citizens and lawful permanent residents.

This Note highlights this hidden yet extensive issue and argues for more robust protections through the law. While Title VII of the Civil Rights Act of 1964 operates as a federal mechanism to hold employers liable for discriminatory acts, it and other existing safeguards fail to adequately shield H-1B employees. To fix this broken system and provide justice for these abusive and pervasive practices, this Note contends that the Equal Employment Opportunity Commission, the enforcer of Title VII, should serve as the gap-filler and utilize its interpretative and administrative powers to keep employers accountable. This Note further articulates four proposed solutions the Equal Employment Opportunity Commission should employ to remedy these egregious harms, including bringing lawsuits in all cases it finds discrimination, amending its definition of national origin discrimination to encompass immigration status, revising its speak-English-only rules, and actively considering applying the equitable estoppel doctrine in untimely charges filed by H-1B visa holders.

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