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ARTICLE · 09 JUNE 2023

Winning In A Tough Scenario: Unauthorized Exports v. National Origin Discrimination

With workforce development top of mind for many manufacturing and technology companies, foreign talent is often given heavy consideration...

United StatesImmigration

With workforce development top of mind for many manufacturing and technology companies, foreign talent is often given heavy consideration despite the added challenge of export and immigration compliance.

When the need to comply with export controls slips into hiring discrimination, organizations are more frequently finding themselves in hot water with the Department of Justice.

Two recent DOJ settlements stand out: General Motors' employment eligibility verification process (i.e., Form I-9 process) for new hires, which also informed GM's internal export compliance tasks, was found to violate U.S. immigration and anti-discrimination laws.

As a result, GM will pay a $365,000 civil fine, train its personnel on certain provisions of U.S. immigration laws, revise its employment policies, and submit to regular reporting and oversight by the DOJ.

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