alt Hacker NewsI never really understood about PERM. Suppose I am a manager on a team and one of my employees is going through the PERM process.
I'm supposed to put out a job advertisement (but the job isn't real) for my employer. If an applicant passes the interview process, I don't have to hire that person (I probably can't - I don't have budget or permission from the organization). But I do have to honestly say if they have all the required skills -- I'm not permitted to say "wouldn't be a culture fit."
Nor do I have to fire my employee. But maybe my employee won't get a green card six years down the road.
1) Do I have any details wrong here? The one time I talked to a law firm about this they more-or-less refused to state the above outright, but answered all questions in this direction. 2) Doesn't this seem disrespectful to, among others, the applicants to the fake job?
I think everyone would agree that the PERM process is an awful process for both applicants and for employers. The job is supposed to be treated as an open position and the recruitment is supposed to be done in good faith. So, if a qualified, willing, able, and available U.S. worker applies for a PERM job, the employer either must hire this person or terminate the PERM process and wait at least 6 months before restarting it. Now, where there are multiple openings for the position, then it's possible for an employer to hire a U.S. worker without terminating the PERM process for the foreign national employee.