General Discussion
In reply to the discussion: Offshoring is all about excluding American workers from the job market. Plain and simple. [View all]leveymg
(36,418 posts)the "PERM Fake Job Ads defraud Americans to secure g..." video, that's a different program. PERM is a labor certification program that involves a labor market test overseen by USDOL intended to insure that there are no "willing, able, and qualified" US workers for a position offered a foreign worker with special skills that would result in the grant of an immigrant visa ("green card" .
The H-1B is a nonimmigrant program, and there is normally no requirement for such a labor market test, as in a PERM application.
The problem with the PERM program, as I see it, is that its rules, that go back to the mid-1960s, are a contradiction between protecting U.S. jobs and creating an avenue for US employers to sponsor qualified foreign workers who they want to hire. The basic rule is that if the required recruitment process turns up a qualified US worker, the labor certification is denied, but the employer doesn't have to hire the US worker. This creates an incentive for US employers to conduct what the Labor Dept. terms "bad faith recruitment." The video reflects that problem with the current PERM system.
In my opinion, the present PERM system doesn't really serve the interests of either US workers or employers or foreign workers seeking US residence, and should be overhauled so that US employers who want to sponsor highly-qualified foreign workers should be allowed to do so, but only if they also hire a fully-qualified or trainable US worker. The present system operates in a contrary fashion so that if a qualified US worker is located and hired, the labor certification is denied. I would reform the PERM rules so that it becomes a win-win-win system for all involved.