January 23, 2018

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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.

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About this Author

Nataliya Binshteyn Dominguez, global Immigration Attorney, Greenberg Traurig, employment-based immigrant counsel, compliance audit lawyer, corporate restructuring law

Nataliya Binshteyn Dominguez focuses her practice on global business immigration matters. She advises corporate and individual clients in a variety of employment-based immigrant and non-immigrant cases. She advises corporations on Form I-9 and E-Verify employment verification matters, including compliance audits, due diligence for corporate restructuring, and immigration-related defense in connection with worksite enforcement investigations. Nataliya also conducts Form I-9 and E-Verify trainings and frequently authors articles regarding immigration compliance issues. She...