DOJ-Facebook Settlement Portends Possible Changes in PERM Recruitment Requirements

On October 19, 2021, the U.S. Department of Justice (DOJ) announced a settlement in its lawsuit against Facebook for alleged discriminatory hiring practices. The DOJ found that Facebook had unfairly discriminated against U.S. workers in connection with the company’s PERM recruitment program. The PERM application is the first step in the employer-sponsored green card process for most foreign workers. The application requires the employer to demonstrate that it has attempted to find U.S. workers to fill a position through various recruitment efforts, prior to sponsoring a foreign worker for that position. While the lawsuit and resulting settlement apply only to Facebook, and will not impact PERM applications for other employers, the allegations made by the DOJ against Facebook may signal changes in PERM recruitment policies applicable to other employers in the future. Please contact our office if you have questions on how this policy may impact your PERM recruitment program.