The U.S. Department of Justice has reached a settlement agreement with IBM on allegations it had illegally stated a preference for foreign-born workers in online job postings, while in a separate case a staffing agency agreed to settle a Department of Justice allegation it had discriminated against immigrants.

The Justice Department said Friday that Armonk, N.Y.-based International Business Machines Corp. will pay $44,400 to settle charges it violated the antidiscrimination provision of the Immigration and Nationality Act when it placed postings for application and software developers that contained citizenship status preferences for F-1 and H-1B temporary visa holders.

F-1 visas are issued to foreign students studying in the United States, and H-1B visas are issued to foreign nationals with technical expertise in specialized fields, according to the department.

The Justice Department said under the law, employers may not discriminate on the basis of citizenship status unless it is required to comply with law, regulation, executive order or government contract.

It said although IBM's job postings were for positions that would ultimately require the successful candidate to relocate overseas, the INA does not permit employers to express or imply a preference for temporary visa holders over U.S. workers, such as U.S. citizens and lawful permanent residents, for any employment opportunity in the United States.

Under terms of the agreement, in addition to paying the $44,400 in civil penalties, IBM agreed to revise its hiring and recruiting procedures and train its human resources personnel to ensure compliance with the INA, and to be subject to reporting requirements for two years.

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“Employers must give all eligible candidates the equal opportunity to compete for employment,” said Jocelyn Samuels, acting assistant attorney general for the Justice Department's Civil Rights Division, in a statement.

“The department is committed to ensuring employers do not unlawfully discriminate against U.S. citizens and other work-authorized individuals based on their citizenship status.”

IBM said in a statement: “Since 2009, IBM has posted over 44,000 job requisitions in the U.S. and abroad. This matter concerned a small fraction of those postings and involved positions that were to be permanently located abroad. We are pleased this matter has been resolved.”

Meanwhile, the Justice Department said it had reached an agreement with Northbrook, Ill.-based Paramount Staffing to resolve an allegation it violated the INA by requesting more or different documents from individuals during the employment eligibility verification processes based on the individuals' citizenship status.

The department said the company's Hanover Park, Ill., branch routinely required documentation from lawful, permanent residents while it did not make similar demands of U.S. citizens. The firm agreed to pay $21,100 in civil penalties, undergo Justice Department training on the INA's antidiscrimination provision and be subject to monitoring its employment eligibility verification practices for 18 months, said the Justice Department. It said the case was settled prior to a complaint being filed.

Ms. Smith said in a statement, “The INA's anti-discrimination provision requires employers to treat individuals in a nondiscriminatory manner during the employment eligibility verification processes. We commend Paramount Staffing for taking immediate steps to rectify the issues raised in the department's investigation.”

Paramount Staffing President Matt Schubert said in a statement: "We believe this was a very isolated incident and Paramount Staffing cooperated with the Department of Justice throughout the entire process."

In June, units of Macy's agreed to pay $175,000 in penalties and establish a $100,000 back pay fund to resolve charges it violated the INA's antidiscrimination provision.