Federal Contractor Misconduct Database (FCMD)
Violations of the Immigration and Nationality Act
IBM paid $44,400 in civil penalties to settle allegations that it violated the Immigration and Nationality Act (INA) by placing online job postings for application and software developers that contained citizenship status preferences for F-1 and H-1B temporary visa holders. Although IBM’s job postings were for positions that would ultimately require the successful candidate to relocate overseas, the anti-discrimination provision of the INA does not permit employers to express or imply a preference for temporary visa holders over U.S. workers. Under the settlement, IBM also agreed to be subject to reporting requirements for a period of two years.
- Misconduct Type
- Enforcement Agency
- Contracting Party
- Court Type
- Date of Settlement Announcement