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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111683
Experience:  20+ Years of Employment Law Experience
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Can a employer lay-off a qualified good US citizen and re a

Customer Question

Can a employer lay-off a qualified good US citizen and hire a cheaper employee on a temporary visa..
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.


Unfortunately, that is exactly what Americans have been screaming about. Yes, it is legal to lay off American workers and bring in foreign workers for economic reasons. The only recourse the workers have is filing a complaint with USCIS regarding the company falsely claiming the workers are necessary and no US citizen workers are available, since that is one of the grounds that the employer has to claim in order to get workers on a visa. USCIS will investigate the employer's practices and could fine the employer, but that would not get you your job back and would not give you any legal cause of action against the employer other than seeking unemployment benefits (which you can already do).