Why are LCA/PERM searches constitutional?

[Anonymous]

What have they collected, and what are these secrets that companies are required to keep?

I'm a little familiar with the H1B process, and have never heard of this.
The only thing companies keep secret is their job searches, because they don't want to hire anyone but the cheaper H1B.

[Anonymous]

Anonymous wrote:What have they collected, and what are these secrets that companies are required to keep?

I'm a little familiar with the H1B process, and have never heard of this.
The only thing companies keep secret is their job searches, because they don't want to hire anyone but the cheaper H1B.

The companies are required to keep your CV. Presumably notes about interviews. They generally have very complicated forms, employment authorization, education and what not.

[Anonymous]

Some of these "interviews" can get really onerous. I had one where the employer said here is a problem go home and program prototype for this proof of concept. Like I don't even have access to the kinds of computers that I would typically do such work. As it turns yep, they had submitted a perm in that same time frame. There are a number of places in the area that used to have "programming" tests with ticky tacky UIs that you had to spend hours working on. Kind of like Meta's, "guided" coding exam. Where they had an interviewer, who could give you "tips".

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you aren’t qualified then you aren’t qualified. The purpose of these searches is to protect American workers—not the opposite. If companies weren’t required to show this, they’d just hire cheap foreign labor without a second thought.

The purpose of the fourth amendment is to protect Americans from our government pulling shenanigans like this on us.

Is there any evidence that these labor rules are actually protecting Americans. IMO they are just using the wage categories to set artificially low wages. EG my title is Analyst III, they pay analyst three $XXX because they are in this labor category, which they set through this crooked LCA process. If they paid me more, they would have to pay everyone in that labor category more. At least unions have a representative. If the labor rules are so good at protecting us, why do they have to keep it a secret? That is the point of the fourth amendment, not that the government can't do searches, but that the government can't do secret searches, without warrant.

Where is the warrant?

It’s not a secret search by the government. Private industry is surveying the market, and sharing information with the government in exchange for beneficial regulatory treatment. If that’s unconstitutional, you’re going to want to talk to the president about what he’s been up to.

A) The government requires that it be kept secret. At no time during the interview are they permitted to tell us that it is a PERM/LCA search.

B) The government is using the information from third parties.

Conceivably, if they aren't actually collecting information about me, then how are they protecting my job with the collected information? The rub is for me there is no assurance that the third party is actually collecting the information correctly filling out the forms correctly asking only permissible questions, not playing ticky tacky games with spammy emails and text messages. They have lawyers filling out the forms, but where are my lawyers and when do they get a chance to cross examine? This is the point of the fourth amendment.

You don’t have a right to a job. Like I said before, the law nominally protects American workers from foreign competitors. without it, you would be seeing even fewer interviews. But I don’t really care about this issue. Go ahead and try and do away with it. The only winners will be the corporations.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you aren’t qualified then you aren’t qualified. The purpose of these searches is to protect American workers—not the opposite. If companies weren’t required to show this, they’d just hire cheap foreign labor without a second thought.

The purpose of the fourth amendment is to protect Americans from our government pulling shenanigans like this on us.

Is there any evidence that these labor rules are actually protecting Americans. IMO they are just using the wage categories to set artificially low wages. EG my title is Analyst III, they pay analyst three $XXX because they are in this labor category, which they set through this crooked LCA process. If they paid me more, they would have to pay everyone in that labor category more. At least unions have a representative. If the labor rules are so good at protecting us, why do they have to keep it a secret? That is the point of the fourth amendment, not that the government can't do searches, but that the government can't do secret searches, without warrant.

Where is the warrant?

It’s not a secret search by the government. Private industry is surveying the market, and sharing information with the government in exchange for beneficial regulatory treatment. If that’s unconstitutional, you’re going to want to talk to the president about what he’s been up to.

A) The government requires that it be kept secret. At no time during the interview are they permitted to tell us that it is a PERM/LCA search.

B) The government is using the information from third parties.

Conceivably, if they aren't actually collecting information about me, then how are they protecting my job with the collected information? The rub is for me there is no assurance that the third party is actually collecting the information correctly filling out the forms correctly asking only permissible questions, not playing ticky tacky games with spammy emails and text messages. They have lawyers filling out the forms, but where are my lawyers and when do they get a chance to cross examine? This is the point of the fourth amendment.

You don’t have a right to a job. Like I said before, the law nominally protects American workers from foreign competitors. without it, you would be seeing even fewer interviews. But I don’t really care about this issue. Go ahead and try and do away with it. The only winners will be the corporations.

I don't see any evidence of protecting workers. I see several DOJ cases where the DOL broke its neck looking the other way. DOL doesn't issue green cards so they would still have to certify their PERMs/LCA someway.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you aren’t qualified then you aren’t qualified. The purpose of these searches is to protect American workers—not the opposite. If companies weren’t required to show this, they’d just hire cheap foreign labor without a second thought.

The purpose of the fourth amendment is to protect Americans from our government pulling shenanigans like this on us.

Is there any evidence that these labor rules are actually protecting Americans. IMO they are just using the wage categories to set artificially low wages. EG my title is Analyst III, they pay analyst three $XXX because they are in this labor category, which they set through this crooked LCA process. If they paid me more, they would have to pay everyone in that labor category more. At least unions have a representative. If the labor rules are so good at protecting us, why do they have to keep it a secret? That is the point of the fourth amendment, not that the government can't do searches, but that the government can't do secret searches, without warrant.

Where is the warrant?

It’s not a secret search by the government. Private industry is surveying the market, and sharing information with the government in exchange for beneficial regulatory treatment. If that’s unconstitutional, you’re going to want to talk to the president about what he’s been up to.

A) The government requires that it be kept secret. At no time during the interview are they permitted to tell us that it is a PERM/LCA search.

B) The government is using the information from third parties.

Conceivably, if they aren't actually collecting information about me, then how are they protecting my job with the collected information? The rub is for me there is no assurance that the third party is actually collecting the information correctly filling out the forms correctly asking only permissible questions, not playing ticky tacky games with spammy emails and text messages. They have lawyers filling out the forms, but where are my lawyers and when do they get a chance to cross examine? This is the point of the fourth amendment.

You don’t have a right to a job. Like I said before, the law nominally protects American workers from foreign competitors. without it, you would be seeing even fewer interviews. But I don’t really care about this issue. Go ahead and try and do away with it. The only winners will be the corporations.

I don't see any evidence of protecting workers. I see several DOJ cases where the DOL broke its neck looking the other way. DOL doesn't issue green cards so they would still have to certify their PERMs/LCA someway.

Trump & the Heritage Foundation are going to kill DOL so you can rejoice. But in reality the abuse by employers will be worse. They will get more foreign labor in through H1 B. No worries! Corporations always win with the Republicans.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you aren’t qualified then you aren’t qualified. The purpose of these searches is to protect American workers—not the opposite. If companies weren’t required to show this, they’d just hire cheap foreign labor without a second thought.

The purpose of the fourth amendment is to protect Americans from our government pulling shenanigans like this on us.

Is there any evidence that these labor rules are actually protecting Americans. IMO they are just using the wage categories to set artificially low wages. EG my title is Analyst III, they pay analyst three $XXX because they are in this labor category, which they set through this crooked LCA process. If they paid me more, they would have to pay everyone in that labor category more. At least unions have a representative. If the labor rules are so good at protecting us, why do they have to keep it a secret? That is the point of the fourth amendment, not that the government can't do searches, but that the government can't do secret searches, without warrant.

Where is the warrant?

It’s not a secret search by the government. Private industry is surveying the market, and sharing information with the government in exchange for beneficial regulatory treatment. If that’s unconstitutional, you’re going to want to talk to the president about what he’s been up to.

A) The government requires that it be kept secret. At no time during the interview are they permitted to tell us that it is a PERM/LCA search.

B) The government is using the information from third parties.

Conceivably, if they aren't actually collecting information about me, then how are they protecting my job with the collected information? The rub is for me there is no assurance that the third party is actually collecting the information correctly filling out the forms correctly asking only permissible questions, not playing ticky tacky games with spammy emails and text messages. They have lawyers filling out the forms, but where are my lawyers and when do they get a chance to cross examine? This is the point of the fourth amendment.

You don’t have a right to a job. Like I said before, the law nominally protects American workers from foreign competitors. without it, you would be seeing even fewer interviews. But I don’t really care about this issue. Go ahead and try and do away with it. The only winners will be the corporations.

I don't see any evidence of protecting workers. I see several DOJ cases where the DOL broke its neck looking the other way. DOL doesn't issue green cards so they would still have to certify their PERMs/LCA someway.

Trump & the Heritage Foundation are going to kill DOL so you can rejoice. But in reality the abuse by employers will be worse. They will get more foreign labor in through H1 B. No worries! Corporations always win with the Republicans.

Nah, if they could have gotten more foreign H-1b labor in, the Democrats would have already done it.