The experience requirement in the ad was exceedingly narrow. It sought a candidate in an "expected experience range" of between a "minimum 12 years & maximum 15 years."

As a rule, job ads that appear to have tailored requirements have drawn the attention of H-1B opponents. Companies hiring prospective foreign workers carrying a a green card, which allows permanent residency, must first advertise the job to show that no qualified Americans are available for it.

A videotape of a workshop for lawyers about this process, distributed on YouTube by the Programmers Guild, however, explained how employers can legally .

The Infosys job ads cited in the lawsuit appeared in mid-2009.

DeVito initially filed a complaint with the U.S. Equal Employment Opportunity Commission. In November, the EEOC, in a letter to DeVito, wrote, "We found that you were discriminated against in violation of the ADEA (Age Discrimination in Employment Act)."