Staff Reports
Meta Platforms is facing a new lawsuit that reads like a Silicon Valley thriller with legal papers instead of special effects. A former manager says he was punished for refusing to sign an immigration attestation that he believed was false. The complaint alleges Meta tried to use an EB-2 National Interest Waiver (an I‑140) to get a green card for a Chinese employee, and that company lawyers overstated facts to make the case. If true, this is more evidence that Big Tech thinks rules are suggestions — until someone calls them out.
What the lawsuit actually says
The complaint, filed in New Jersey by plaintiff James Tillinghast and his lawyer Constantine Bardis, alleges that Meta prepared a draft attestation claiming a Meta employee, identified as Shenxun Wang, deserved a national‑interest green card. Tillinghast says the draft credited Wang with about $638 million in incremental ad revenue, claimed he built AI algorithms, and overstated leadership duties. Tillinghast says he lacked a factual basis to sign those claims and refused. The suit alleges Meta retaliated and later fired him. He is seeking just over $1 million in lost pay and equity, plus punitive damages. These are alleged facts in a court filing, not proven convictions.
Why the EB‑2 NIW detail matters
The EB‑2 National Interest Waiver lets employers skip the normal job‑posting rules (the PERM process) by asserting the foreign worker’s work is of “national importance.” That makes honesty crucial: USCIS expects solid proof before waiving public hiring rules. If a company uses the NIW and pads the story — inventing revenue numbers or crediting someone with AI they didn’t build — that can expose the employer to administrative trouble or worse. This is why a manager refusing to sign a dubious attestation is a big deal, not workplace drama to be shrugged off.
The broader story: tech, visas, and enforcement
This suit arrives while federal watchdogs are already probing visa and PERM fraud across the tech sector. The Department of Justice and the Department of Labor have taken tougher stances recently, and the DOJ fined OpenAI over similar green‑card advertising issues. That trend matters here: alleged misuse of the NIW could draw agency interest beyond this lawsuit. For conservatives who have warned that visa rules are sometimes gamed to the detriment of American workers, this complaint fits the pattern they point to and demands scrutiny.
What to watch next and why it matters
Keep an eye on the New Jersey docket for Meta’s response and any government follow‑up. Meta has not publicly answered the complaint yet. If the suit proves right about fabricated claims or retaliatory firing, it will be another example of a powerful company leaning on employees to rubber‑stamp immigration filings. That should worry every worker and shareholder who expects honest reporting and fair hiring. Whistleblowers should be protected, and regulators should not wait for a headline to act — enforcement, not excuses, is the right answer.
