Posted on May 01, 2008 in Business Law
The Perm process is like a game. The basic proof is that there are no
qualified Americans to do the job, and hence we must give permanent
residency to the alien so that she can complete the job. To do this,
the employer has to "test the market" by advertising and trying to
recruit Americans, and if that fails then it proves that there are no
qualified applicants in that area to do the job. But this recruitment
process is very unlike what a real life employer would do, despite what
the DOL (that is the Department of Labor, not the Dummies on Life)
First there are strict requirements of who can do the job. Under the
DOL guidelines Bill Gates, Steve Jobs or Michael Dell would not be able
to perform a "professional" software job, because they do not possess a
There are series of hoops and you negotiate through, the job title, the
job description, the requirements (the all important EB-2 or 3) the OES
(Obviously Enormously Stupid Department which takes every job and
categorizes them arbitrarily into 4 job zones) and the prevailing wage
category. None of this is natural, none of it real world. Its just your
ability to play the game right. Its a great game for us, English majors
who could never shoot an actual hoop.
Then you advertise in the Sunday Newspaper, who reads those
anymore? Maybe the dinosaurs at the DOL still do, but when was the last
time a computer professional actually looked at a newspaper?
Oh yes, and the all important SWA ads sites, the Department of Labor’s
job search web site. I wonder what the google ranking for those web
sites are for specific search terms. I typed in "tech jobs in Texas"
and did not see workintexas web site in the first page. Did anyone ever
get an actual job from that web site?
Of course if you play this game right, and jump through all the hoops,
you can file your case. But then comes the certifying officer. I wonder
under the trickle down brain theory, what the IQs are for federal
officers. The chief executive was rejected by St John’s School,
Houston, got into Yale through legacy, and probably has an IQ of about
100. So what does my certifying Officer have?Immigration, Labor Certification, PERM