Perm Application process

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saibvm

New Member
My employer did start my PERM labour application process by initiating the Job add , Recruitment process and wait period was completed.

And he says there were many applicants for the job adds and they have shirlisted few candidates for final interviews and the process is complete and when I asked about the output they said that some people were really good and we cant go forward in this present economy stating that there were lot of applicants for the job add who posses the same skills.

And now they say they would restart my process again from the begining after 6 months from now - Mean again with recruitment process and again the same process - I just want to know that in the present economy when they get enough responses for the job add and finds some suitable candidates whether they can go forward or they cant go forward for the reasons they mentioned to me.
Can you please let me know whether my employer is giving the correct information or not in this process.

Thanks,
sam
 
Your employer is 100% correct. Why would you question his truthfulness?

Many people believe that since qualified USCs were located for the position, if the ad was a legitimate posting that you should have been terminated and one of them hired.
 
I was thinking that my employer can do a second interview for those who got shortlisted in first interview and reject them in second interview that may be a face to face interview And give the acceptance for my PERM application filling - Many of my friends also told me that this is the process their employers followed.

When I had this discussion with my HR they said it may be illegal to reject the right candidate - I said this ad is for my PERM application and this is part of the process they should be following for filling the PERM.

Please let me know whether my understanding is correct or not.

Thanks,
SAM
 
You are 100% WRONG.

You cannot be involved in this process at all. You are not qualified to give a legal opinion to your HR department. You are overstepping by a mile.

What you suggest is illegal. This must be a fair process. HR is following the LEGAL requirements.

STOP your interference in the processing of the petition for you.

If there are willing and qualified USCs and LPRs, PERM cannot go forward. It is US law.
 
Just backing up Concerned's statement -- he is 100% right and the suggestions you are making are illegal. Additionally, it is illegal for you to be involved whatsoever in the recruitment process. You MUST not have any involvement whatsoever. This recruitment is not for "YOUR PERM" -- it is for A POSITION that the company is required by law to test the US workers market. In this economy, many US workers may qualify and desire the position. Your employer cannot simply ignore US workers and break the law in order to file the case on your behalf.

saibvm said:
I was thinking that my employer can do a second interview for those who got shortlisted in first interview and reject them in second interview that may be a face to face interview And give the acceptance for my PERM application filling - Many of my friends also told me that this is the process their employers followed.

When I had this discussion with my HR they said it may be illegal to reject the right candidate - I said this ad is for my PERM application and this is part of the process they should be following for filling the PERM.

Please let me know whether my understanding is correct or not.

Thanks,
SAM
Click to expand...
 
Hello Sam,
I understand what you say. I heard that if a company really wants you they may first of all do the search "tailored" on your capacities. Let's say that you are from India. They can say but they need to show it that they really need someone who speaks perfect Indian, maybe because they deal with India. So they hope just a few requests will arrive and they can say to the interviewer and the immigration that they found a more qualified person for the job (you). I heard that some companies may do that BUT it is not legal. They have to show that there are no other US persons fit for the job so they can offer the job to you. If a very good applicant is rejected with no reason, the immigration can understand that there is something wrong with the company and can be very strict with it.
 
Advertisement for PERM application

Hello everyone,
I am in situation similar to "saibvm".
My employer did post the ad. They received a lot of applications, but were able to deny all except two on legal, legitimate, and fair grounds.

These two applicants match my skills to a considerable extent and are candidates who can be trained to perform my duties in a reasonable amount of time. This has brought the whole process to a stand still. However, if all the skills I acquired in the past 5+ years of my job are considered, I supersede them.

My question, now, is does the company have to consider qualifications I had before I took this job? Or can they consider my current skill set when comparing me against an applicant? Your knowledgeable input is appreciated. Please advice.

Regards,
Soulseeker.
 
Even if you have a PhD in the field and 20 years of experience, you cannot "supersede" the American workers. Being the US worker is the "trump card" in this situation. A company CANNOT file the Labor Cert for you if there are any "willing, able, or available" US workers for the position. The purpose of the LC process is to test the labor market for those workers. If some are found which qualify and are able & willing to pursue the position, the labor certification application CANNOT be filed.

Consider the purpose of the whole PERM recruitment process and then I think in your head and your heart that you know the answer to your query before it was even asked.

soulseeker said:
Hello everyone,
I am in situation similar to "saibvm".
My employer did post the ad. They received a lot of applications, but were able to deny all except two on legal, legitimate, and fair grounds.

These two applicants match my skills to a considerable extent and are candidates who can be trained to perform my duties in a reasonable amount of time. This has brought the whole process to a stand still. However, if all the skills I acquired in the past 5+ years of my job are considered, I supersede them.

My question, now, is does the company have to consider qualifications I had before I took this job? Or can they consider my current skill set when comparing me against an applicant? Your knowledgeable input is appreciated. Please advice.

Regards,
Soulseeker.
Click to expand...
 
st4rguitar
The point in question is whether a petitioning employer could utilize skills earned by an employee while being employed by petitioning employer and if labor certification is being done for an occupation which is different by more than 50% from current job
 
But that is not the case here otherwise the attorney would have advised the employer of the proper filing.

OP, be glad that law does not require that you be fired and the USCs be hired since they are qualified for the job you now hold - and want the job.
 
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