Trump administration is suspending Microsoft from a green card program
apnews.com743 points by alephnerd 6 hours ago
743 points by alephnerd 6 hours ago
Vance said “They’ll put an advertisement in a small-town newspaper. They’ll go out there and say that ‘We have advertised for a position with our company, and nobody is responding to it.’ And they will use that lack of response to then go and replace American workers with what is effectively foreign indentured servants”
My understanding is that this is pretty much how everyone does it, no? Not to say that I'm surprised that they're applying this argument asymmetrically to their allies vs. foes, of course, nor to say that I necessarily agree / disagree with this tactic.
Here are the rough requirements for said newspaper ad according to DOL:
• The job must be advertised in the print edition of two different Sunday newspapers.
• The newspaper must be widely distributed in the area where the job is located.
• Both ads must run between 30 and 180 days before you file the PERM application.
• The advertisement must clearly state the name of the employer.
• The ad must outline the job duties, requirements, and the work location.
• Listing the wage is optional, but if included, it cannot be below the official prevailing wage.
• Employers must keep the full-page newspaper tearsheets for 5 years in case of an audit.
It doesn't say anywhere that it cannot be advertised in a small town.
>It doesn't say anywhere that it cannot be advertised in a small town.
It does say in the law [1]: "there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor".
The rules of DOL are just guidelines how they are going to determine this but they are not the law. I will argue that if you are planning to publish your job ads in a small town newspaper you do not believe yourself that there are no "able, willing, qualified and available" Americans for your job.
>I will argue
You, or the government in this case, should argue that in a court of law. So far, the government has not won any of these cases in a court of law. And I mean over the last 2-3 decades. The number of successful prosecutions will be in single digits. It's a bit like voter fraud when it comes to actual numbers.
Which cases? What prosecutions? Are you seriously saying that there are no qualified, willing and available workers for random PM or front end jobs and only this particular Indian person, who just graduated from an American college a few years ago is the only one who is able to do the job? I'd love to see a single case like this, got any links?
The cases where the government has proved in a court of law that a company is in violation of the statute or regulation. I am not aware of any successful prosecutions here other than maybe Cognizant which was in the news some time ago.
What prosecutions of the 8 U.S.C. § 1182(a)(5)(A)(i) do you mean? It's a clause that says that aliens looking for a job are inadmissible unless there are no qualified, willing and available workers as certified by DOL. It is not prosecuted, aliens are just not admitted. But if you have seen it being prosecuted somehow I am still waiting for a link.
PERM is approved at a rate in high 90s. The government - this government - has approved PERM for all these corporations that it is slandering now. Here's a deposition from a DOL employee [1]:
"Q Are any PERMs denied for fraud? A Not to my knowledge."
There is a PERM process, the government overwhelmingly approves it, it does not take anything to court or win. I am not sure what you are trying to argue.
[1] https://storage.courtlistener.com/recap/gov.uscourts.mad.266...
You are not giving the links to the prosecutions you claimed the government lost.