3 weeks ago
Senator Schmitt urges tighter H-1B, PERM rules favoring American workers
A senator named Eric Schmitt says companies in the United States might be hiring workers from other countries instead of Americans.
He thinks the rules for doing this are too old and easy to take advantage of.
There is a special process called PERM that companies use when they want to hire a foreign worker for a permanent job.
Before the government says yes, companies have to prove they tried to hire Americans first.
The senator says the rules still ask companies to put ads in newspapers, but people look for jobs online now.
He wants companies to post jobs on the internet and keep a record of every American who applies.
He also wants companies to tell American workers who were just fired about the open jobs.
The senator asked the Labor Department for more information about the H-1B and OPT programs.
He is worried that some companies are not playing fair.
The government will look into these rules to decide what to do.
Senator Eric Schmitt (R-MO) asked the Department of Labor to overhaul recruitment rules for the PERM labor certification program over concerns that employers favor foreign workers over Americans.
Schmitt said PERM regulations have not been substantially updated in more than 20 years and still rely partly on outdated newspaper advertising.
His proposals include mandatory online job postings, recording every American applicant, and certifying that positions are not reserved for foreign workers.
Companies would also have to notify and interview recently laid-off American workers who may qualify for certified positions and explain rejections in writing.
Schmitt requested data on how many PERM applicants previously used H-1B visas or OPT, plus information on audit frequency and estimated fraud rates.
- Who
- US Senator Eric Schmitt (R-MO), who wrote to Acting US Labor Secretary Keith Sonderling
- What
- Schmitt urged the Department of Labor to modernize PERM labor certification and H-1B recruitment rules, strengthen fraud checks, and ensure American workers get a genuine opportunity to compete for jobs
- Where
- United States
- When
- Exact date not specified in the article; the push comes as the Trump administration reshapes US immigration and labor policies
- Why
- To prevent employers from replacing American workers with cheaper foreign labor and to address alleged fraud in immigration programs
Key facts
- Senator
- Eric Schmitt (R-MO)
- Letter addressee
- Acting US Labor Secretary Keith Sonderling
- Target program
- PERM labor certification
- Related programs
- H-1B visas and Optional Practical Training (OPT)
- Last PERM update
- More than 20 years ago
- Key proposal
- Mandatory online advertising on careers pages and online job platforms
- Fraud sources cited
- DOL Inspector General and White House Task Force to Eliminate Fraud
- Questions posed
- Five questions on audits, OPT/H-1B usage, and fraudulent applications
Quotes
Eric Schmitt
US Senator (R-MO) who wrote the letter to Acting Labor Secretary Keith Sonderling
“Given dramatically reduced newspaper circulation and the prevalence of online job applications, these outdated rules let employers conceal jobs from American workers while claiming they tried to recruit domestically.”
livemint.com
“Abuse of the PERM and H-1B programs allow corporations to replace American workers with cheaper foreign labor.”
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