Apple has agreed to pay $25 million in backpay and civil penalties to settle allegations of favoring visa holders over US citizens and permanent residents during the hiring process. This is the largest amount collected under the anti-discrimination provision of the Immigration and Nationality Act, according to the Department of Justice.
The issue revolves around the Permanent Labor Certification Program (PERM), which allows US employers to apply for foreign workers on visas to become permanent US residents. Employers must advertise open positions as part of the PERM process, allowing anyone to apply regardless of citizenship status.
The DOJ found that Apple violated these rules by not advertising PERM positions on their recruiting website and making it harder for people to apply by requiring mailed-in paper applications. The company did not impose this requirement for regular, non-PERM positions. Consequently, the investigation found that Apple received few or no applications for these positions from US citizens or permanent residents who do not require work visas.
As part of the settlement, Apple will pay $6.75 million in civil penalties and set up an $18.25 million fund to compensate eligible discrimination victims, as stated by the DOJ.
Apple disagreed with the DOJ’s characterization, stating that they employ more than 90,000 people in the US and continue to invest nationwide, creating millions of jobs. The company spokesperson told CNBC that they had unintentionally not been following the DOJ standard and agreed to a settlement to address the concerns. They have implemented a remediation plan to comply with the requirements of various government agencies as they continue to hire American workers and grow in the US.
