On October 8, the US Department of Labour decided to stop processing PERM labour-certification requests from eight technology firms, including Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini. The Department of Labor said it would neither accept new applications nor process pending applications involving the named companies.
PERM, or Program Electronic Review Management, is the initial step in the employment-based green-card process for most immigrants applying under the EB-2 and EB-3 categories. In order to proceed to the next stage, employers are required to prove that they have tried to hire Americans for the jobs in question.
The processing of the applications has been suspended in accordance with 20 CFR § 656.31(b), which allows for the temporary interruption of services if there are grounds to believe that fraud or wilful misrepresentation is involved.
Notwithstanding the administration’s justification, it is important to study how allegations must not be confused with provided proof of fraudulent activity. Vice President JD Vance accused companies that employ people on H-1B visas of creating a caste of foreign indentured servants.
On the heels of the H-1B controversy came reports of investigations into the J-1 visa program, which have seen the involvement of dozens of American universities. In the context of Vance’s comments on H-1B visas...