May 25, 2020

Hospitals, Medical Providers Come under Scrutiny for Potentially Discriminatory Ads

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has been notifying hospitals and medical providers by letter that their advertisements placed through the Centralized Application Service for Podiatric Residencies (“CASPR”) for podiatric residency positions may be in violation of specific provisions of the Immigration and Naturalization Act (INA), 8 U.S.C. § 1324b.

The OSC enforces the anti-discrimination provisions (§ 274B) of the Immigration and Nationality Act. Violations of the anti-discrimination provisions can result in significant civil fines and ongoing document requests from OSC.

The OSC letter states that the company advertisement may be impermissibly restricted to United States citizens or United States citizens and Green Card holders. The letter typically requests that the company respond with specific information explaining the basis for the restriction and asks that the company provide information regarding residency positions filled in 2014 and 2015, along with the anticipated number of such positions to be filled in 2016.

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Michael H. Neifach, Jackson Lewis, Employment visa Lawyer, border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
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Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

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Sean G. Hanagan, Jackson Lewis, business immigration lawyer, employment eligibility verification attorney
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