EEOC Alleges U.S. Worker Was Excluded Because Employer Wanted “ONLY H-1B” Candidates
EEOC announcement: September 30, 2026
Reported: October 1, 2026
Procedural status: Federal lawsuit filed; the allegations have not been adjudicated.
The U.S. Equal Employment Opportunity Commission has sued Texas-based staffing and recruiting agency Sibitalent Corp., alleging that it refused to refer an American worker for an information-technology position because of his national origin.
According to the EEOC’s complaint, a Sibitalent recruiter contacted an American database developer by email in July 2025 about a business data analyst job in Mountain View, California. The message included a highlighted “ONLY H-1B” notice. The EEOC alleges that after the applicant questioned the requirement, the recruiter stopped communicating and did not refer him for the position.
What is established: The EEOC has filed a lawsuit asserting that the alleged conduct violated federal employment-discrimination law. The complaint’s allegations remain claims to be tested in court; the EEOC announcement is not a court finding.
Why it matters: The case concerns whether a recruiting agency may exclude an applicant from a referral based on national origin in a hiring process involving H-1B visa sponsorship. The court has not yet resolved the claim.