Facebook probably only settled it instead of choosing to fight because it is barred from filling green cards while the case is still in progress, hurting its employees and its ability to hire.
Any company that has successfully filed an employment green card (especially at that scale) is favoring immigrants over citizens by definition. The EB green card rules are highly outdated and a reform is long overdue.
Yeah I know at least a half dozen folks who didnt join facebook or seriously thought about passing on facebook this year due to the greencard processing issues. Recruiters told them, "Zuck says it will be figured out by the end of the year" and I guess he was right.
It's already the largest amount ever recovered in a case of this nature. The fact is simply that, just like in so many other cases, the penalties are so low that it's just a cost of doing business for these large corporations.
The lawsuit was really about FB converting H1B workers, of whom they already hired, into permanent US workers. They post a PERM position and then have to apply the H1B worker to it due to outdated immigration laws.
They argued that a company should not be able to do that if they can hire a minimally qualified US candidate, AKA someone who checks the job requirements.
Any company that has successfully filed an employment green card (especially at that scale) is favoring immigrants over citizens by definition. The EB green card rules are highly outdated and a reform is long overdue.