Applicant Guide: How to know if you may have been discriminated against?

Published on August 29

📌 Guide for Job Applicants — What to Look For

If you applied fora PERM labor market test posting, here are red flags that may indicate improper or discriminatory practices:

1 Communication Issues

  • You never received a response despite being minimally qualified.
  • The employer did not attempt to contact you within 10 business days of receiving your resume.
  • The employer did not attempt to contact you multiple times using different methods (email, phone, mail).
  • You were told the job was already filled or not really open.

2 Interview Process

  • You were rejected because of your stated salary without being asked if you’d accept the offered wage.
  • The interview seemed like a formality, with no real interest in your skills.
  • The sponsored foreign worker was involved in interviewing or recruitment.

3 Fair Consideration

  • You met the posted qualifications but weren’t interviewed.
  • You weren’t given the chance to answer basic “Preliminary Questions.”
  • Your rejection was based on something unrelated to the minimum requirements (e.g., overqualification, assumptions).

4 Documentation / Transparency

  • The employer did not keep proper records of communication with you.
  • You were discouraged from applying or told it wasn’t a “real” job.

✅ Key safeguard for applicants: If you were minimally qualified, the employer must attempt to contact you within 10 business days and give you a fair chance at screening and interview.

As always, if you believe you have been discriminated against in hiring because you are an American citizen, we encourage you to file a charge with the DOJ Immigrant & Employee Rights department at the form below:

https://www.justice.gov/crt/filing-charge

Be sure to explicitly mention you are concerned about citizenship discrimination!