DOJ alleges sham process excluded U.S. workers in favor of visa holders

The U.S. Department of Justice has filed a complaint against a software company, alleging that it used a separate and ineffective recruiting process to deter U.S. workers from applying for certain roles while favoring foreign workers seeking permanent residency.

According to the DOJ, the company directed U.S. applicants to submit resumes through a designated email address that did not accept external messages for an extended period. As a result, applications from U.S. workers were allegedly never received or considered.

At the same time, the company proceeded with hiring foreign workers under the permanent labor certification (PERM) process, which requires employers to demonstrate that no qualified U.S. workers are available for the roles.

Claims focus on recruitment obligations

The DOJ alleges that the company made representations to the Department of Labor that it had conducted good-faith recruitment of U.S. workers, despite maintaining a process that effectively prevented those applicants from being considered.

The complaint was filed under the Immigration and Nationality Act and is being pursued through the DOJ’s Immigrant and Employee Rights Section, which enforces anti-discrimination provisions related to citizenship status.

The case centers on the PERM process, which requires employers sponsoring foreign workers for permanent residency to test the U.S. labor market through prescribed recruitment steps.

Implications for employer recruiting practices

The complaint highlights the importance of ensuring that recruitment processes are both functional and consistently applied when tied to legal certifications.

Employers using immigration sponsorship programs should confirm that recruitment channels are accessible, that applications are actually received and reviewed, and that representations made to the Department of Labor reflect the reality of the hiring process.

The case signals continued enforcement focus on whether employers are making genuine, good-faith efforts to recruit U.S. workers before sponsoring foreign candidates.