James Tillinghast, a former Meta employee, has filed a lawsuit against the company, claiming that he was fired after he refused to sign a letter seeking Green Card for a Chinese employee in 2024. The lawsuit said that the letter that Tillinghast refused to sign contained factual assertions that he believed were materially inaccurate. The letter was intended to support an I-140 National Interest Waiver petition for Shenxum Wang. The names were disclosed in the lawsuit, as reported by HRDive, Breitbart etx.Wang apparently worked within Tillihast’s unit and his signature was required for the application. Going by the lawsuit, around April-May 2024, Meta and an immigration law firm coordinated an I-140 EB-2 National Interest Waiver petition (Green Card) for Wang. A proposal was prepared for managerial reference and it attributed $683 million in incremental advertising revenue to Wang.Tillinghast did not have data to confirm that Wang personally generated that amount. The letter also implied that Wang had created algorithms or AI tools. James was unsure about that too and James understood that Wang’s actual role was in product design and user experience.The lawsuit claimed that the letter stated that Wang managed, led, or oversaw a team or cross-functional group, which Tillinghast did not agree. Tillinghast worked with Wang to revise the letter so that it contained only statements that the manager could truthfully endorse and he declined to endorse the broader statements about national importance of Wang.A few months after his refusal to sign the letter, Meta fired the manager. The termination documents for the manager “did not identify underperformance as the reason for termination,” per the complaint. “Meta later advanced an oral underperformance explanation that Plaintiff contends was pretextual.”Tillinghast in his lawsuit has asked for a little over $1 million in damages, including $565,000 in lost pay and $490,000 in lost equity. He has also asked for punitive damages and a jury trial in New Jersey.Meta has not issued any statement regarding the lawsuit.
What is EB-2 NIW Green Card?
The EB-2 National Interest Waiver is a Green Card pathway that allows certain professionals to apply without being sponsored by a US employer. Instead of relying on a specific job offer, the applicant must show that their future work in the United States serves the national interest. NIW emphasizes what you plan to do and why it matters to the country as a whole. It is suitable for researchers, engineers, entrepreneurs, and professionals whose work is not confined to a single employer or role.
