Recent research highlighted issues surrounding the H-1B visa process, revealing that major companies often hire immigrant workers for simple, common jobs that many Americans can do, without first seeking U. S. applicants.
• Lack of Search Requirement: There is no requirement in the H-1B visa process for companies to search for American workers before hiring foreign employees.
• PERM Process: The Program Electronic Review Management (PERM) process requires companies to test the labor market and prove that there are no qualified American workers for a job before sponsoring a foreign worker for a green card. This includes advertising the job through specific methods (e.g., newspapers, state workforce agencies).
• Perverse Incentives: Companies often hire immigrants under H-1B visas and then conduct the PERM labor market test for permanent residency. This can create bias, as they may not genuinely open the position to U. S. applicants.
• Legal Settlements: Some tech companies, like Apple and Facebook, have faced lawsuits for using discriminatory practices during the PERM labor market tests, leading to settlements with the Department of Justice (DOJ).
• Continued Discrimination: Current practices by other companies, including OpenAI and Instacart, still show signs of discrimination based on how they advertise and accept applications for roles.
Founding of Jobs. Now
In response to these issues, Jobs. Now was developed to create a job board that focuses on posting roles required by the PERM process. They have achieved over 4,500 job postings and generated significant interest among applicants.
The Jobs. Now team advocates for reforms in immigration policies to ensure fair opportunities for American workers, urging lawmakers to:
• Implement labor market test requirements for H-1B visas.
• Reform PERM advertising and application processes.
• Cancel the STEM OPT visa program to prevent foreign students from occupying entry-level jobs.
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