What Do the DOJ and DOL Facebook Settlements Mean for PERM Programs Going Forward?

What Do the DOJ and DOL Facebook Settlements Mean for PERM Programs Going Forward?

What Do the DOJ and DOL Facebook Settlements Mean for PERM Programs Going Forward? - Recording (No CLE)
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Recorded 12/15/2021
CLE Eligible No
Length 90 min.
Format Streaming
SKU WS2021-12-15-DL

The October 2021 settlement agreements reached by Facebook (now Meta) with both DOJ and DOL regarding the company’s PERM recruitment activities has clarified how the Immigrant and Employment Rights (IER) Section (of DOJ) and the Office of Foreign Labor Certification (OFLC) (of DOL) may approach reviews and audits of PERM applications going forward. IER has demonstrated that it will utilize its enforcement resources to address activities it views as being in violation of the anti-discrimination provisions of the Immigration and Nationality Act, regardless of the size of a company’s PERM program. As a result, companies are wondering whether and/or how to alter their PERM recruitment practices that appear to comply with regulations but may attract unnecessary scrutiny of applications. Join our panel of experts as they discuss the specific treatment of the regulations in this case and offer guidance for avoiding potential regulatory recruitment violations in the future.

Featured Topics

  • What Hiring Practices Are Likely to Attract DOL Audits, and Why?
  • Are DOJ and DOL Creating New Rules in the Absence of Regulatory Updates?
  • How to Defend Against Claims of Discrimination Against U.S. Workers and Potential Recruitment Violations
  • Best Practices for PERM Recruitment in Light of the Facebook Settlements

Free Seminar Recordings with AILA Membership Starting March 2021
Please note, all 2021 seminar recordings are free to AILA members starting in March 2021, as part of a new service provided with AILA membership. Recordings will be available approximately two weeks after the live event and are CLE eligible in most jurisdictions. A CLE administration fee will apply for AILA members interested in obtaining CLE credit. More details available [here].


CLE Credit

Due to the late-breaking nature of the program and jurisdictional requirements, CLE credit is not available for this seminar.


About the Faculty

Vincent W. Lau (DL), AILA DOL Liaison Committee Chair, Boston, MA
Vince (Managing Partner at Clark Lau LLC) counsels employers and employees on a range of temporary and permanent immigration options. His clients include professionals, employers, investors, institutions, entrepreneurs, and families. Vince enjoys taking complex immigration concepts and breaking them down into tangible and comprehensible ideas. It is with this same spirit that he speaks regularly at immigration conferences across the country and has developed a business immigration law curriculum for New England Law Boston. Vince has been named among "The Best Lawyers in America" since 2010.

Sarah K. Peterson, AILA Board of Governors, Minneapolis, MN
Sarah K. Peterson is the founder of SPS Immigration PLLC based in Minneapolis, MN. Her employment-based practice focuses on physicians, academia, start-ups, and high-tech companies. Sarah actively participates in the American Immigration Lawyers Association (“AILA”) on both a local and national level. She has been an active Elected Director on the AILA Board of Governors since 2012 and currently serves on AILA’s USCIS HQ and Verification committees. She is the 2021 Susan B. Quarles AILA Service Excellence Awardee and four-time recipient of AILA’s Presidential Commendation for her service chairing AILA’s U.S. Department of Labor Liaison Committee.

Amy L. Peck, AILA Verification & Documentation Liaison Committee Chair, Omaha, NE
Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group. Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council. Ms. Peck is a member of the AILA National Verification and Documentation Committee, which liaises with USCIS, ICE, and OCAHO on I-9, E-verify, and related worksite issues.

Helen L. Konrad, AILA Verification & Documentation Liaison Committee Vice Chair, Richmond, VA
Helen is a director in the Immigration Practice group of McCandlish Holton, P.C. in Richmond, Virginia. She concentrates her practice on employment-based and professional immigration, with emphasis on Employer sanctions and worksite enforcement, I-9 compliance, E-Verify, H-1B Visas for high-tech and professional personnel, Multi-national Manager and Executive Visas and Green Cards, PERM green cards, National Interest Waivers, Outstanding researcher/professor immigration issues University-based immigration for students, researchers, and professors Visas for teachers in public and private schools. Helen has guided numerous clients through I-9 and the Department of Labor and Office of Special Counsel audits and investigations. She provides comprehensive I-9 and E-Verify training to HR professionals. She also publishes immigration updates for national trade organizations on I-9 compliance and E-Verify and provides critical expertise in this complex area.

Alberto Ruisanchez, Deputy Special Counsel, U.S. Department of Justice, Immigrant and Employee Rights Section (IER), Civil Rights Division, Washington, DC
Alberto Ruisanchez is the Chief of the Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice’s Civil Rights Division. IER enforces a law that prohibits workplace discrimination on the basis of citizenship, immigration status, and national origin; educates the public about the law; and engages in policy work to advance the office’s mission. Previously, he served as an Acting Deputy Assistant Attorney General overseeing several Sections of the Civil Rights Division, including the Employment Litigation Section and the Disability Rights Section. Mr. Ruisanchez also served as a Deputy Chief in the Disability Rights Section and a trial attorney in the Voting Section and Housing & Civil Enforcement Section. Mr. Ruisanchez clerked for the Honorable Juan Torruella on the U.S. Court of Appeals for the First Circuit, and he graduated summa cum laude from Georgetown University and magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.