US Senator seeks tighter H-1B hiring practices over concerns about foreign workers replacing Americans

US Senator Eric Schmitt (R-MO) is advocating for stricter regulations on the H-1B visa program and the PERM labor certification process, expressing concern that companies are using these systems to hire foreign workers at the expense of qualified American workers. In a letter to Acting Labor Secretary Keith Sonderling, Schmitt urged the Department of Labor to modernize recruitment rules, improve fraud detection, and ensure American workers have a fair chance to compete for jobs before foreign labor is brought in permanently.

The PERM program is a Department of Labor (DOL) process utilized by employers to obtain labor certification for foreign workers seeking permanent employment in the United States. The primary objective of the program is to ensure that hiring a foreign worker does not displace qualified American workers or harm their wages and working conditions.

Before a labor certification can be approved, the DOL must establish that there are not sufficient U.S. workers capable, willing, qualified, and available for the job in the given area.

Schmitt argues that the current recruitment rules governing the PERM system have not been substantially updated in over 20 years. He highlights issues with recruitment requirements that primarily rely on newspaper advertisements, which are becoming obsolete due to the rise of online job applications. Schmitt contends that these outdated rules enable employers to circumvent the need to actively seek American workers, thereby creating an unfair advantage for foreign applicants.

To address these concerns, Schmitt has proposed several changes to the PERM system, including:

1. Mandatory online advertising: Employers would be required to post job openings on their official career pages and at least one prominent online job platform.

2. Standardized application process: Companies would have to use the same application procedure for PERM jobs as they do for non-certified positions.

3. Documenting all US applicants: Employers must maintain records of every American applicant and provide a rationale for each rejection.

4. Certification against job reservation: Employers must attest that the position was not set aside specifically for a foreign worker.

5. Electronic applications: Companies would be required to accept applications electronically or through the same channels used for similar jobs.

6. Notifying recently laid-off workers: Employers must inform recently displaced American workers who might be qualified for the position.

7. Interviews and written explanations: Qualified laid-off workers would undergo interviews, and employers would need to provide written explanations for any rejection.

Schmitt's proposals aim to replace the current "perfunctory" evaluation of American applicants with a more rigorous process that grants them a genuine opportunity to compete for jobs. Additionally, he seeks data on the frequency of PERM applications involving prior use of OPT (Optional Practical Training) or H-1B visas, as well as the percentage of applications suspected of fraudulent activity. By addressing these issues, Schmitt hopes to protect American workers and ensure a fairer immigration system.