(José Niño, Headline USA) Critics are questioning whether some of the nation’s largest tech companies are using newspaper job advertisements to circumvent federal requirements designed to protect American workers in the immigration process.
The controversy centers on classified advertisements placed in the San Francisco Chronicle and other newspapers as part of the federally mandated PERM labor certification process, which companies must complete when seeking green cards for H-1B visa holders. The PERM process requires companies to show that there are no Americans for a job before they outsource to foreigners.
According to a report by Newsweek, recent advertisements by OpenAI, Instacart, and Udemy have drawn attention for directing job applicants to submit resumes to immigration or global mobility departments rather than standard human resources channels.
“Instacart offered multiple positions, with a similar department taking applications, while Udemy, an online learning platform, wanted a director of marketing analytics and data science, with resumes to be sent to "[email protected]".” pic.twitter.com/kXiryWMCQL
— U.S. Tech Workers (@USTechWorkers) August 16, 2025
In one case, OpenAI posted an ad for a software engineer position that instructed candidates to contact the company’s “global mobility team,” while Udemy’s listing for a director of marketing analytics and data science position directed applicants to “[email protected].” Instacart followed suit by publishing ads with similar application steps.
An anonymous website called Jobs.Now, which tracks H-1B related job postings, has alleged that these advertising practices effectively discourage American applicants by suggesting the positions are intended for foreign workers.
The group argues that routing applications through immigration departments creates a separate recruitment process that operates outside normal hiring procedures, potentially reducing the number of qualified American candidates who apply.
Although employers are not required to advertise jobs to U.S. workers before hiring H-1B candidates, different rules apply under the PERM process, which is used by businesses when sponsoring a worker for a green card.
At this stage, companies must demonstrate to the Department of Labor that no qualified American worker is available and that the H-1B employee is essential to the role.
The allegations of suspicious ad practices come at a time when unemployment among college graduates has been rising and the technology sector has implemented significant layoffs. The controversy also emerges amid ongoing political debate over skilled worker immigration policies, with the Trump administration announcing a proposal to eliminate the visa lottery system, as Headline USA has previously reported.
The Department of Justice previously reached settlements with Facebook in 2021 and Apple in 2023 over similar allegations of discriminatory job advertising practices in their PERM processes. Those cases resulted in financial penalties and requirements for the companies to change their recruitment procedures.
None of the companies mentioned have responded to requests for comment about their current advertising practices. The Justice Department has not indicated whether it is investigating the current allegations, though Jobs.Now says some users have contacted federal employment rights officials about their concerns.
José Niño is the deputy editor of Headline USA. Follow him at x.com/JoseAlNino
