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Political Discussion
Reply to "Why are LCA/PERM searches constitutional?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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. [/quote] 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? [/quote] 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. [/quote] 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. [/quote]
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