The following is an article (in black) from www.immigration-law.com. I just could not agree to the content and as an end user taking the suffering, had to raise my concerns (in red). I do not want to hurt anyone's feelings but these are my views. Please feel free to contradict.
The other problem is the flaws in the PERM program. On the surface, there is no noticeable backlog in the new PERM system, but it is a completely false picture for the three reasons. Firstly the flaws in the PERM program have led the employers distancing themselves from filing new applications, particularly refiling cases. Secondly, even though there is no announced statistics, the community has learnt by now that whatever cases the employers filed have faced massive denials. These denials were made by the computer in less than an hour!
Computer program does not need days to follow a fixed algorithm and deny the application. That is the reason for the increasing use of computers in all the fields. The exclamation in the above statement is not needed. It just indicates the ignorance of the writer.
When the cases are denied so swiftly, there should be no backlog in the pipeline, right? Wrong. It appears that massive denial of the online filing has led or forced employers to file the applications by mail. Unconfirmed sources indicate that there is a heavy backlog of data-entry of these cases by contractors into the online system. This is the third problem which probably the DFLC would not have anticipated in planning the PERM system. The PERM system discourages mail filing but at the same token forces the employers to stay away from the online filing and go for mail filing.
It appears that all of the current problems stemmed from the computer software programs that did not properly incorproate various issues which only human beings can adjudicate after considering the totality of circumstances, facts, and evidences.
The above statement is completely wrong. The problems stemmed from the fact that the DOL gods who proposed a set of rules to be incorporated in the computer programs missed some rules. There should be more analysis done before framing the rules. They should have tested the system with a particular state or service center as a pilot project to fix these issues, which they did not do. Instead, they launched a system that is not fully tested nationwide.
One attorney reports that when the job required a "business" degree and the alien had a "commerce" degree which is another term of the specialty in many countries in the word, including Japan, Korea, India, etc, etc, such application has been instantly denied by the computer.
The problem of the PERM system lies with the PERM planners who had overestimated the capability of the computer programs, ignoring the legal process that mandates adjudication of applications based on evidence in totality.Computer "matrix" may work when something can be quantified. The legal adjudication process is not something that can quantify the various evidence which should be considered in many different contexts and circumstances and probably the current PERM program may be seriously violating the rules of the administrative laws.
The capability of computer programs is NOT over estimated. The computer programs can do most of what an individual can do, but the set of rules framed for the programs should be more adequate. The system should be tested more responsibly. Computer "matrix" may work not only when something can be quantified, it also can decide logical conditions when programmed efficiently. The statement ---Computer "matrix" may work when something can be quantified----is a poor judgment of computer programming.
The failure of the computer program to recognize no distinction between the commerce major and the business major is indeed "a tip of iceberg" that the current PERM program has revealed, producing massive denials of applications "instantly." At this point, probably no one has answers to the questions as to how the FDLC will be able to fix these problems. Now, reportedly the two National Processing Centers have recruited the required resources of analysts and certifying officers. This reporter see no other way of fix for the current problems unless the DFLC removes computer matrix decision and has the analysts and certifying officers review the computer results before making a decision.
They need these analysts and certifying officers only for some time, for testing the system and enhance the system (with rules that are missed by DOL gods) for 2-3 months before it can be stabilized. In fact they should have used these analysts for tesing the system before launch.
Otherwise, the system not only has a management issue, but also will have to face a serious legal issues in courts.
More important issue, that is been under covers and no one wants to own it or even mention it is the ignorance of computer knowledge of a majority of people (including some attorneys) working at the law offices and Employer worksites (Human resource people), though they are a minor percentage when compared to people at law offices. They are used to this paper work all these years and are reluctant to learn using an online system. I have been dealing with some law offices and they do not even want to accept some help from clients with computer knowledge, because of the ego problems.
Most of the law offices just increased their attorney fee, when it should have been reduced (or at least kept at the same rate as before) because of the simplicity of the PERM system when compared to the old process. The PERM system also takes away the control from the attorneys, since an employer can file it easily after a couple of months of experience. The attorneys obviously, did not like this.
Also DOL should have conducted some training sessions for attorneys, before unveiling the system one fine morning.
The other problem is the flaws in the PERM program. On the surface, there is no noticeable backlog in the new PERM system, but it is a completely false picture for the three reasons. Firstly the flaws in the PERM program have led the employers distancing themselves from filing new applications, particularly refiling cases. Secondly, even though there is no announced statistics, the community has learnt by now that whatever cases the employers filed have faced massive denials. These denials were made by the computer in less than an hour!
Computer program does not need days to follow a fixed algorithm and deny the application. That is the reason for the increasing use of computers in all the fields. The exclamation in the above statement is not needed. It just indicates the ignorance of the writer.
When the cases are denied so swiftly, there should be no backlog in the pipeline, right? Wrong. It appears that massive denial of the online filing has led or forced employers to file the applications by mail. Unconfirmed sources indicate that there is a heavy backlog of data-entry of these cases by contractors into the online system. This is the third problem which probably the DFLC would not have anticipated in planning the PERM system. The PERM system discourages mail filing but at the same token forces the employers to stay away from the online filing and go for mail filing.
It appears that all of the current problems stemmed from the computer software programs that did not properly incorproate various issues which only human beings can adjudicate after considering the totality of circumstances, facts, and evidences.
The above statement is completely wrong. The problems stemmed from the fact that the DOL gods who proposed a set of rules to be incorporated in the computer programs missed some rules. There should be more analysis done before framing the rules. They should have tested the system with a particular state or service center as a pilot project to fix these issues, which they did not do. Instead, they launched a system that is not fully tested nationwide.
One attorney reports that when the job required a "business" degree and the alien had a "commerce" degree which is another term of the specialty in many countries in the word, including Japan, Korea, India, etc, etc, such application has been instantly denied by the computer.
The problem of the PERM system lies with the PERM planners who had overestimated the capability of the computer programs, ignoring the legal process that mandates adjudication of applications based on evidence in totality.Computer "matrix" may work when something can be quantified. The legal adjudication process is not something that can quantify the various evidence which should be considered in many different contexts and circumstances and probably the current PERM program may be seriously violating the rules of the administrative laws.
The capability of computer programs is NOT over estimated. The computer programs can do most of what an individual can do, but the set of rules framed for the programs should be more adequate. The system should be tested more responsibly. Computer "matrix" may work not only when something can be quantified, it also can decide logical conditions when programmed efficiently. The statement ---Computer "matrix" may work when something can be quantified----is a poor judgment of computer programming.
The failure of the computer program to recognize no distinction between the commerce major and the business major is indeed "a tip of iceberg" that the current PERM program has revealed, producing massive denials of applications "instantly." At this point, probably no one has answers to the questions as to how the FDLC will be able to fix these problems. Now, reportedly the two National Processing Centers have recruited the required resources of analysts and certifying officers. This reporter see no other way of fix for the current problems unless the DFLC removes computer matrix decision and has the analysts and certifying officers review the computer results before making a decision.
They need these analysts and certifying officers only for some time, for testing the system and enhance the system (with rules that are missed by DOL gods) for 2-3 months before it can be stabilized. In fact they should have used these analysts for tesing the system before launch.
Otherwise, the system not only has a management issue, but also will have to face a serious legal issues in courts.
More important issue, that is been under covers and no one wants to own it or even mention it is the ignorance of computer knowledge of a majority of people (including some attorneys) working at the law offices and Employer worksites (Human resource people), though they are a minor percentage when compared to people at law offices. They are used to this paper work all these years and are reluctant to learn using an online system. I have been dealing with some law offices and they do not even want to accept some help from clients with computer knowledge, because of the ego problems.
Most of the law offices just increased their attorney fee, when it should have been reduced (or at least kept at the same rate as before) because of the simplicity of the PERM system when compared to the old process. The PERM system also takes away the control from the attorneys, since an employer can file it easily after a couple of months of experience. The attorneys obviously, did not like this.
Also DOL should have conducted some training sessions for attorneys, before unveiling the system one fine morning.
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