New wage laws in California and New York City may compel employers to take steps when sponsoring employment-based immigrants that go beyond Department of Labor (DOL) regulations. The issue has received virtually no attention, but the October 2021 DOL-Department of Justice (DOJ) fine against Facebook shows complying with one government rule does not protect employers against other government enforcement actions.
When companies sponsor employment-based immigrants, Department of Labor rules generally require an employer to show no available qualified U.S. workers are available for the position. The Department of Labor invented the regulatory requirement that employers must place advertisements, including print ads, to demonstrate the lack of available workers, even though the law does not mention advertising. “Although immigration law requires ‘labor certification’ for most employer-sponsored immigrants, the Department of Labor has created the current system out of whole cloth,” according to a National Foundation for American Policy (NFAP) report.
In December 2020, the Justice Department filed a lawsuit that alleged Facebook did not hire U.S. workers when it sponsored employment-based immigrants and posted advertisements to comply with Department of Labor regulations for PERM (permanent labor certification program). Among the claims: DOJ said Facebook deterred U.S. workers by requiring applications to be submitted via mail.
There is no requirement to hire...
Ken Ranta, CEO of the District of Thunder Bay Social Services Administration Board, is advising the public some election candidates are making inaccurate statements regarding the board and the work...