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Reply to "Why are LCA/PERM searches constitutional?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]OP, can you elaborate on what an LCA/PERM search is? I googled but it isn't clear to me what specifically you're talking about. I'm not familiar with that term, but I'm a lawyer that litigates Fourth Amendment issues frequently and I'm happy to give you any insight I have. [/quote] As I said, I am a bit naive, being an applicant or job seeker myself. PERM and LCA searches are searches that companies have to do to bring in foreign workers. They have various different functions. The PERM process if fairly clear. If a person on an H-1b wants to convert their visa to green card they have to prove that they won't be displacing local workers, so they have to do a PERM search. Basically, they are required to try to recruit people, though there is no real job their they post job listings and do interviews. Trying to prove that the job applicants don't exist. I found out about these through these two DOJ cases where Meta and Apple settled on charges discrimination: https://www.justice.gov/archives/opa/pr/justice-labor-departments-reach-settlements-facebook-resolving-claims-discrimination-against https://www.justice.gov/archives/opa/pr/justice-department-secures-25-million-landmark-agreement-apple-resolve-employment I believe the LCA process is a little different. Companies aren't really required to prove there are no candidates prior to bringing in an H-1B, however they are required to set prevailing wages. Here, the companies have an incentive to prove that the wages should be low, but they do the same kind of job search. These actually impact wages in the area. Notice how in all of these cases, they are "searching" the job market doing interviews, on behalf of the government and the job applicants are Naive. Some of these interviews are essentially hostile. EG "Do you or not know X Y or Z." "Have you ever..." As you can see in the DOJ cases companies have cheated this process extensively, mostly because would be applicants are never informed as to what is going on. How is that constitutional? Does the constitution only apply to criminal surveillance or something? [/quote] This is seriously f-ed up. It means private citizens are misled and used and their time and mental health is taxed on interviews that don't have any real job positions behind it. This should be illegal and brought forth as abuse. [/quote]
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