Schmitt Urges Department of Labor to Close Loophole Allowing Employers to Prioritize Foreign Workers Over Americans

U.S. SENATE — U.S. Senator Eric Schmitt (R-MO) sent a letter to Acting Secretary of Labor (DOL) Keith Sonderling urging the DOL to modernize the Program Electronic Review Management (PERM) labor certification process to ensure companies are not abusing the system to hire cheap foreign labor over American workers who are qualified and available for work. Senator Schmitt also requested data on fraud, audits, and the use of Optional Practical Training (OPT) and H-1B visas within the PERM program. Senator Schmitt wrote, “Abuse of the PERM and H-1B programs allow corporations to replace American workers with cheaper foreign labor. The Department should end that abuse and restore the regulations’ supposed purpose: Protecting American workers and putting their interests first.” In the letter, Senator Schmitt urges the DOL to: Require employers to post all PERM job opportunities on their regular careers page and at least one widely used online job platform. Require employers to use the same application process for PERM positions as they use for comparable non-PERM positions. Require employers to document every American applicant to PERM positions, explain why any applicant was rejected, and certify that positions were not reserved for foreign workers. Require employers to notify recently laid-off American workers who may be qualified for PERM positions and provide interviews and written explanations for any rejection. Provide data regarding PERM audits, fraud, and applicants’ prior use of the Optional Practical Training (OPT) program and H-1B visas. Current DOL regulations governing the PERM process have not been substantially updated in more than twenty years and continue to rely on print newspaper advertisements for many positions despite the widespread shift to online recruiting. Senator Schmitt argues these outdated requirements make it easier for employers to bypass qualified American workers while claiming they attempted domestic recruitment. The letter also highlights recent findings by the DOL’s Inspector General and the White House Task Force to Eliminate Fraud regarding fraud schemes involving the PERM and H-1B programs, arguing those findings further demonstrate the need for reform. Read the full letter HERE. ###