PERM is Biased

H

hangu

Registered Users (C)
"The employer would have to attest to whether he or she provided notice of the application to the bargaining representative or its employees; whether the beneficiary gained any of the qualifying experience with the employer; whether the person is currently employed by the employer; whether a foreign language requirement is required to perform the job duties; and whether the US applicants were rejected solely for lawful job related reasons."


This is a quote from document 'Proposed "PERM" Labor Certification Program and the Highlighted line indicates that It is Biased towards People from Mexico and Spanish speaking countries.

[source http://www.twmlaw.com/new/news5_20_02.html ]
 
Can you elaborate on your reasoning for saying PERM is biased??
What I understand from what you posted is that the employer must prove that any foreign language requirement (if any) is a business neccessity not just a way to limit qualified applicants.

So, if your company does business with China they could argue that speaking chinese is a requirement to conduct their business. Same thing could happen with spanish, french, hindi, etc.
 
The quoted language contains factors that are "red flags" to DOL/SESA. It is difficult to require foreign language proficiency for most positions and inclusion of such a requirement is a red flag to DOL that the requirements may be tailored to the candidate's qualifications.

PERM may or may not be biased (immigration laws are biased anyway so what diffence would this make) but the quoted language is not indicative of bias of lack thereof.
 
looks like it ....

From Shusterman update email in DEC:
MURTHYBULLETIN
Weekly Immigration Newsletter
THE LAW OFFICE OF SHEELA MURTHY, PC
Phone : 410-356-5440
eMail : law@murthy.com
WebSite : www.murthy.com

VOL. VIII, no. 52; December 2002, week 4
Posted : December 27, 2002

-----------------

1. PERM Projected for July 2003

The U.S. Department of Labor (DOL) announced April 2003 as the projected date for publication of a rule implementing the PERM process for labor certifications. If published at the estimated time, the rule should become effective in July 2003. As regular readers of the MURTHYBULLETIN and MurthyDotCom may recall, the lo! ng-awaited, proposed PERM rule was published last spring, as reported May 13, 2002 in our article, "Proposed Regulations on PERM Published May 2002" .

PERM is essentially a massive streamlining of the labor certification process. Basics of the PERM program were summarized in our previous article, referenced above. At this time, there is no indication of the nature and extent of any changes between the regulation proposed in May 2002 and the interim implementing regulation projected for April 2003. Immigration law firms, the American Immigration Lawyers Association (AILA), and other interested organizations submitted voluminous comments citing flaws and problematic issues with the proposed PERM regulation. By law, the DOL must consider and address these comments from AILA and others in its final regulation.

PERM in any form will mean substantial changes in the area of labor certifications. It is not clear what the impact will! be upon those with pending labor certifications, or whether they will be allowed to convert their existing cases to PERM. Moreover, the question for many of our readers will be whether one should file a labor certification case now or wait until PERM regulations are finalized. Most lawyers and scholars believe it is usually safest to file sooner in order to obtain an earlier priority date and to possibly be able to convert regularly filed cases to PERM cases. For those who may wish to seek an H1B seventh-year extension, waiting may not even be an option, as the labor certification filing must be made at least 365 days prior to an extension request beyond the expiration of the H1B six-year period.

PERM has been of great interest to many MURTHYBULLETIN and MurthyDotCom readers as it will undoubtedly bring substantial changes to the labor certification process. Understanding the importance of this issue to those undergoing any employment-based immigration process, we a! t The Law Office of Sheela Murthy, P.C. will continue to closely follow and report to our readers any developments in the area of labor certification.

© The Law Office of Sheela Murthy, P.C.
 
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