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Originally Posted by citigirl
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Hi Citi!
As a former Immigration legal assistant, I can tell you that the PERM system is the biggest bunch of BS ever. The US Dept of Labor is overhwhelmed with applications and they are trying to verify some of the "recruitment efforts" and they do not always do and when they do it something very quick and over the phone. It is basically a "scare the guy to see if he cracks and tells you the whole thing is a sham".
Let me give you some info on the PERM program, as I know quite about about it. Mind you THIS IS NOT LEGAL ADVICE! TALK TO A LAWYER IF YOU HAVE QUESTIONS ABOUT PERM OR WANT TO FILE A PERM PETITION!! I AM JUST COVERING HOW F-UP THIS PROGRAM IS AND HOW UNFAIR IT IS TO US WORKERS!!
1. PERM was basically designed so that ailens (both legal with visas such as H-1b and illegal - who file this to get grandfathered in under mini-amnesties that congress passes called 245i) can transition from a non-immigrant status into a immigrant status (Green card holder).
2. The PERM process is a breeze, the Prevaing Wage (PW) is basically what the employers must pay the alien when his "# in line" comes up... do the employers really pay that wage? Not really!! They basically sign a letter saying they are/will pay that wage and that's it. Since these things RARELY get checked out as DOL is
slammed with applications, the process is set for disaster.
3. Now to be fair to DOL, they do call and try to make sure the thing is real, but it's very hard for them to open a full investigation into every case. So fraud is rampant as you can imagine.
4. PERM itself is NOT an immigration status and therefore cannot be used for anything other than get an immigrant petition started with USCIS (Immigration). Once the PERM is approved (a piece of cake, since the whole thing is done online and the employers NEVER get checked out and audits are basically slow and uneventful) the aliens file an I-140 and they go straight to teh DMV to get a driver's license, as many states accept that receipt notice as an "immigrant petition" and kinda like proof of legal status. FL has wised up to this and has (finally) stopped accepting this form and giving illegals Driver's licenses.
5. Does PERM hurt US workers? IN my opinion, it is a yes and no. The yes is because we are basically pumping Green cards out like crazy. The NO is because the whole process is backlogged several years right now (partialy because every scumbucket in America has filed a fraudulent petition like that) and so in that sense, these guys are "held up in this process".
Now, is it unfair to the LEGAL aliens on work visas. Sure it is. That is because they are competing for "visa numbers" with illegal aliens and many of which who have no verifiable education and often use fraudulent names/degrees to get ahead of others in line.
Honestly, IMHO, if Immugration and the DEpt of Labor cannot even run a program like this right now, HOW can they handle 20 million of "Z visa" applications overnight?? Exactly, this is yet another Fedral government "scam" to legalize millions, continue illegal immigration, and basically approve every alien who can file a petition.
I say this amnesty bill will create the perfect storm... if we let it pass.