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ARTICLE · 03 NOVEMBER 2021

Lessons From The IER Settlement With Facebook

Porter Wright Morris & Arthur
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On Oct. 19, 2021, the Department of Justice, Immigrant and Employee Rights Section (IER) announced a settlement agreement with Facebook to resolve issues regarding Facebook's practices to recruit...

United StatesEmployment and HR
Robert H. Cohen
Robert H. Cohen

On Oct. 19, 2021, the Department of Justice, Immigrant and Employee Rights Section (IER) announced a settlement agreement with Facebook to resolve issues regarding Facebook's practices to recruit for PERM applications. The settlement agreement requires Facebook to pay a significant fine, provide a fund for the settlement of individual claims and modify recruiting practices for PERM cases.

Understanding PERM

The PERM process is the first step employers must complete to permit a foreign national employee to apply for permanent resident status (green card) in the United States. PERM stands for Program Electronic Review Management, a title clearly chosen for the acronym rather than the description. PERM refers to the application filed with the Department of Labor when seeking a certification that hiring a foreign national will not adversely affect U.S. workers. Specifically, the DOL must determine that the position is offered at or above the prevailing wage and that

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