Wednesday, April 15, 2009

What law governs the right of a foreign national to work in a company owned by that foreign nation?

I work in a French company, they higher a lot of French nationals to do jobs Americans can do. I love the French, but is it not a violation of equal employment to say certain posistion can only be held by french?

What law governs this? Please, no frilly answers.


The right of certain foreign nationals to work in the United States is covered by a treaty between the United States and the particular foreign country like Japan or France. Under these treaties management-level employees of each country can work in the other country. Foreign nationals coming to the United States come here usually under the “E” visa section of the United States Immigration Law. The employment of foreign nationals in the United States pursuant to a treaty and U.S. immigration law is not a violation of United States discrimination laws.

For any issue concerning employment law, visit our website at www.rjtlawfirm.com

They cannot discriminate on the basis of race or citizenship. However, if they are a French company, and they want to hire more French people to do things that Americans wouldn't be as good at (like reporting back to supervisors in France, for example), then that is legitimate.

I am sure they don't say "Only French can hold the position".

Instead, they write the job description so that it requires experiences that only the French will have, such as ability to communicate with the home office in French, or experience with French laws and polices (or whatever, depending on the actual position).

I bet these are almost certainly mid- to higher- level management positions we are talking about, right?

PS - Given your screen name, I just looked at your profile. For my regular readers, no, this guy is not likely to be this "Barry's buddy" :)

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