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April 20, 2014

DOJ Announces Settlement Resolving Alleged INA Violations by Health Care Company

On February 8, the DOJ announced that it had reached an agreement with Avant Healthcare Professionals LLC (“Avant”), a health care staffing company based in Florida, to resolve allegations that the company had posted hundreds of Internet-based job openings that impermissibly favored foreign-trained workers seeking permanent residence or H-1B visa sponsorship over U.S. employees. Under the terms of the settlement, Avant will pay $27,750 in civil penalties, amend its internal policies and written procedures to comply with the INA’s anti-discrimination provisions, and be subject to a reporting and compliance monitoring requirement for a period of three (3) years.

According to press releases issued by the U.S. Department of Justice (DOJ), the agency has reached three major settlements in 2013 over alleged violations of the Immigration and Nationality Act’s (INA) anti-discrimination provisions, an area enforced by the agency’s Office of Special Counsel (OSC). The INA prohibits employers from discriminating on the basis of citizenship or immigration status unless required to do so by law, regulation or government contract.

©2014 Greenberg Traurig, LLP. All rights reserved.

About the Author

Associate

Nataliya Binshteyn focuses her practice on global business immigration matters. Her experience includes representing political asylum applicants in immigration proceedings before Asylum Officers and Immigration Judges. Nataliya has experience conducting client interviews, researching country conditions and applicable laws, and soliciting expert testimony as well as drafting affidavits and immigration documents for filing with U.S. Citizenship and Immigration Services.

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