Labor Secretary Keith Sonderling has outlined the Trump administration’s focus on addressing potential abuses within the H-1B visa program. The administration emphasizes prioritizing U.S. workers, especially in technology sectors, and challenging companies accused of undermining their employment opportunities.
In a related development, Instacart, a well-known grocery delivery firm, reached a significant settlement with the Department of Justice (DOJ). The $5 million agreement followed allegations that the company discriminated against U.S. workers by intentionally relying on foreign nationals, breaching the Immigration and Nationality Act and Title VII of the Civil Rights Act.
The DOJ accused Instacart of misusing the Permanent Labor Certification (PERM) process, placing undue burdens on American applicants by requiring them to mail in applications, deviating from the usual electronic submissions. This practice allegedly spanned from December 2023 to February 2026.
The essential resolution underlining U.S. worker protection marks the 15th agreement that the Civil Rights Division has secured to safeguard American employment under my tenure,” Assistant Attorney General Harmeet K. Dhillon commented. “We will not relent until there’s equity for U.S. workers.
The case involved collaboration with the U.S. Equal Employment Opportunity Commission (EEOC). Instacart will establish a $4 million fund to compensate affected applicants and pay $1 million in civil penalties.
The PERM program is designed to allow employers to sponsor foreign workers for permanent residence, with a requirement that they first make legitimate efforts to hire American workers. Companies are not permitted to impose additional obstacles or publish discriminatory job listings.
This settlement aligns with a wider initiative by the Trump administration during his second term, commencing January 2025, to eliminate illegal discrimination against American workers. The EEOC refers to this mission as “Project Firewall,” demonstrating its readiness to hold firms accountable for discriminatory practices.
Andrea Lucas, EEOC chair, stated, “Today’s settlement reinforces our commitment to intervene when companies establish barriers that harm American workers.” She emphasized that the EEOC is dedicated to ensuring equal work opportunities for U.S. workers, free from the preference for temporary visa holders.
An Instacart representative reiterated the company’s focus on U.S. workforce development, stating, “Our goal is to attract U.S. jobseekers and assure them of opportunities within our platform.” The spokesperson stressed that Instacart, while satisfied with the settlement, aims to concentrate on fulfilling its mission for its diverse clientele.
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