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Reply to "Why are LCA/PERM searches constitutional?"
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[quote=Anonymous]Why are secret searches that the Department of Labor requires of private companies when they fill out LCA or PERM considered constitutional? Coming from the job applicant side I am not a lawyer so please forgive my terminology. However, I have deduced several things. 1) Under certain circumstances companies are required to do searches, to prove that there are no willing or able applicants. 2) They require that these searches be done secretly. 3) There are no actual jobs for the applicant, they are just surveilling people. 4) Under certain circumstances they are required to report back to the government what they find. From my point of view this is no different than illegal surveillance without warrant. They have lawyers filling out the paperwork, but there is no opportunity to cross examine. I have attempted to report recruiting inconsistencies, and this is the response that I received. The Office of Foreign Labor Certification (OFLC) Permanent Labor Certification Program (PERM) acknowledges receipt of your email and it has been forwarded to the appropriate parties for review. Please note that the OFLC can only respond to inquiries from employers or their authorized representatives listed on the submitted Form ETA-9089. As you are not listed as the attorney of record nor as the agent/representative or an employer in the PERM system, the OFLC cannot provide you with any information regarding this or any other application. Although OFLC will consider any documented information provided to ensure program integrity, please know that the OFLC is not able to provide any information if action has been or will be taken or the final determination in connection with any application. Thank you. Sincerely, Permanent Program Help Desk #9 [/quote]
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