Space X’s Constitutional Challenge May Nix DOJ’s Ability to Bring Discrimination Claims Against Employers Under Section 274B of the Immigration and Nationality Act, Including in the Labor Certification Context
By Cyrus D. Mehta and Kaitlyn Box* On November 9, 2023, the Department of Justice (DOJ) settled a dispute with Apple concerning allegations that Apple’s recruitment practices under the Department of Labor’s (DOL) foreign labor certification program – known as Program Electronic Review Management (PERM) – had discriminated against certain U.S. workers. Specifically, the DOJ […]