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In the latest developments, the Department of Justice stated that Facebook had settled accusations that it refused to recruit or hire eligible workers for positions reserved for temporary visa holders. The company has also reached a separate agreement with the Department of Labor on suspected recruitment breaches related to a program that provides work to temporary visa holders.

The DOJ settlement results from a complaint brought in December by the Trump administration, alleging that Facebook discriminated against American workers by reserving specific positions for temporary visa holders from January 1, 2018, through September 18, 2019. According to the authorities, Facebook discriminated against U.S. workers based on their citizenship or immigration status while using the permanent labor certification program, or PERM.

Facebook’s separate deal with the Department of Labor arose from a 2021 audit of the firm’s pending PERM applications, which the company opened after the DOJ filed its case. As a consequence of the examination, the department discovered probable irregularities in Facebook’s recruitment procedure.

The Settlement

According to a news statement, the company will pay a $4.75M in civil penalty and make available up to $9.5 million in compensation to qualifying victims as part of the settlement. A Justice Department official said that Facebook would work with the Civil Rights Division to identify potential victims. The agency would then approve the list of individuals eligible for the reimbursement.

The amounts in the settlement are the greatest fine and monetary award ever received under the anti-discrimination section of the Immigration and Nationality Act. The corporation will also need to broaden its job postings for PERM roles.

For the following three years, the corporation will have to provide additional notice and recruitment for U.S. workers. It will also submit ongoing audits and experience greater scrutiny to maintain compliance with the PERM program.

Contact an immigration lawyer at (818)900-5707 to learn more about the rights and responsibilities of immigrants and corporate companies.

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