The Facebook settlement (the “settlement”) may alarm employers conducting PERM recruitment. However, one must note that immigration laws, regulations, and statutes have not changed by virtue of the terms of the Settlement. Nevertheless, it’s important to keep some things in mind. Thus, the NPZ Law Group hereby describes generally how the Facebook Settlement may impact the PERM program.
In October 2021, the Department of Justice (DOJ) and the Department of Labor (DOL) reached separate settlement agreements with Facebook pertaining to alleged discrimination in its hiring practices regarding immigration and citizenship status.
How the Facebook Settlement May Affect the PERM Program Now.
There are no fundamental changes to the PERM process yet. However, the Settlement has led to a change in the enforcement of the rules. Facebook must now change its PERM recruitment practices, and it must follow the terms of the Settlement by the Department of Labor (DOL), which includes supervised recruitment and auditing. In addition to that, Facebook has a $4.75 million civil penalty and was made to set-up a Settlement fund for US workers of up to $9.5 million under the agreement.
How the PERM Recruitment Process for a CompanyShould Be.
The labor certification process aims to perform a good faith test of the US labor market. An employer can only submit a labor certification application to the DOL if the test determines that are no willing, willing, or minimally qualified US workers available. It is best that employers follow standard recruiting practices when they conduct the good faith labor market test.
Thus, the PERM recruitment process for a company should be just like its typical recruitment process for other positions. That said, there should be additional requirements to meet the regulatory requirements for advertising and posting. The Department of Justice (DOJ) alleged that Facebook’s PERM process was different from the typical recruitment process it performs for recruiting for other positions. It only accepted applications by mail, so it did not abide by the good-faith recruitment guidelines.
How Facebook was Allegedly Discriminating in the PERM Recruitment Process.
Facebook was alleged to be discriminating against certain US workers by deterring them from applying to job postings that pertained to the PERM process.
The Settlement terms provide some insight into what it was and was not doing and how it must conduct PERM recruitment in the future. The terms indicate that the DOJ considered Facebook to have inconsistencies between regular hiring practices and the PERM recruitment process, as those applying for PERM positions had to submit their applications via mail. Other positions, however, were accepted via online and e-mailed applications.
The settlement also requires the company’s website to post PERM positions with other postings, and it requires Facebook’s applicant tracking system to track applicants.
If you have questions or want to access additional information about US or Canadian Immigration and Nationality Laws, please feel free to get in touch with the immigration and nationality lawyers at the NPZ Law Group. If you have more questions about how these laws in the US may impact you or your family, contact the lawyers specialized in US Immigration and Nationality laws at our law firm. You can also send us an email at info@visaserve.com, or you can call us at 201-670-0006 (x104). In addition to that, we invite you to find more information on our website at www.visaserve.com