DOJ-Facebook Green Card Recruiting Practices Settlement
Thursday, October 21, 2021 The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals for permanent residence (green card) status in the U.S. This settlement involves a civil fine of $4.75 million payable to the U.S. government, plus an additional payment of up to $9.5 million to eligible victims. This settlement ends a lawsuit filed by the DOJ against Facebook in December of 2020. Most employment-based green cards for permanent residence in the U.S. require employers to test the labor market to ensure no U.S. workers are qualified and available for an advertised position. This process is known as PERM Labor Certification and is under the U.S. Department of Labor’s (“DOL”) jurisdiction. DOL has very specific rules for PERM recruiting; these rules must be followed specifically, otherwise, labor certification will be denied, and the employer will not be able to proceed with the permanent residence process. » Read More
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