US Senator Eric Schmitt (R-MO) has called for tighter oversight of H-1B hiring practices, raising concerns that companies could be using the visa programme and the broader PERM labour certification process to favour foreign workers over qualified Americans. In a letter to Acting US Labor Secretary Keith Sonderling, Schmitt urged the Department of Labor to modernise recruitment rules, strengthen fraud checks and ensure American workers get a genuine opportunity to compete for jobs before employers seek permanent certification for foreign employees.
Schmitt has urged the Department of Labor (DOL) to overhaul the rules governing the , arguing that outdated recruitment requirements could allow companies to favour foreign workers over qualified Americans.
What is PERM programme?
PERM is the DOL process employers generally use to obtain labour certification for certain foreign workers seeking permanent employment in the US.
The purpose of the process is to ensure that hiring a foreign worker does not displace qualified American workers or negatively affect the wages and working conditions of similarly employed US workers.
Before approving a labour certification, the DOL must determine that there are not enough US workers who are “able, willing, qualified, and available” for the job in the relevant area.
argues that the system’s recruitment rules have not kept pace with the modern job market.
Why does Schmitt want PERM rules changed?
According to Schmitt, the DOL’s PERM regulations have not been substantially updated in more than 20 years.
He specifically criticised requirements that rely partly on newspaper advertising to demonstrate that employers attempted to recruit US workers.
With job searches and applications now overwhelmingly taking place online, Schmitt said such requirements could make it easier for employers to technically comply with recruitment rules while failing to reach a large pool of American workers.
“Given dramatically reduced newspaper circulation and the prevalence of online job applications, these outdated rules let employers conceal jobs from American workers while claiming they tried to recruit domestically,” Schmitt wrote.
What changes is Schmitt proposing?
Schmitt wants employers seeking PERM certification to face tougher and more transparent recruitment requirements.
His proposals include:
Mandatory online advertising: Employers would have to post PERM positions on their normal careers pages and at least one widely used online job platform.
Same application process: Companies would have to use the same application process for PERM jobs as they use for comparable positions that do not involve foreign-worker certification.
Record every US applicant: Employers would have to document each American who applies and explain why an applicant was rejected.
Certification against job reservation: Employers would have to certify that a position was not formally or informally reserved for a foreign worker.
Electronic applications: Employers would have to accept applications electronically or through the same channels used for comparable jobs.
Notice to recently laid-off workers: Companies would have to notify recently displaced American workers who may be qualified for the position.
Interviews and written explanations: Qualified laid-off workers would have to be interviewed, with employers providing written reasons for rejection.
Schmitt said the changes would replace what he described as “cursory, pro forma consideration” of American applicants with a process that gives them a genuine opportunity to compete.
What are H-1B and OPT, and why are they mentioned?
Schmitt’s letter also focuses on two other immigration pathways: and Optional Practical Training (OPT).
The programme allows US employers to employ foreign workers in certain specialised occupations. OPT, meanwhile, allows eligible international students to gain temporary work experience related to their studies.
Schmitt is asking the DOL to determine how frequently people applying for PERM certification previously used these programmes.
He wants data showing:
-What percentage of PERM applicants previously participated in OPT.
-What percentage previously held H-1B visas.
-How many of those H-1B holders also participated in OPT.
The request does not itself allege that participation in H-1B or OPT constitutes wrongdoing. Rather, Schmitt is seeking data on how these programmes intersect with the permanent labour-certification system.
Schmitt raises concerns about fraud
The senator also cited findings from the DOL Inspector General and the White House Task Force to Eliminate Fraud concerning alleged fraud schemes involving immigration programmes, including PERM and .
Schmitt said those findings demonstrate the need for stronger safeguards in the PERM system.
He has asked the Labor Department to provide data on how frequently PERM applications are audited, what triggers an audit and what percentage of applications the department estimates contain fraudulent information.
What does Schmitt want the Labor Department to disclose?
The senator has requested answers to five specific questions:
-How often are PERM applications audited for compliance with recruitment requirements?
-What criteria does the DOL use to initiate an audit?
-What percentage of PERM applicants previously used OPT?
-What percentage previously used an H-1B visa, and how many of those also used OPT?
-What percentage of PERM applications does the DOL estimate contain fraudulent information?
The answers could provide greater insight into how employers use the PERM system and how temporary immigration programmes may connect with applications for permanent employment.
Schmitt frames proposal as ‘American workers first’
Schmitt’s push comes as the Trump administration seeks to reshape US immigration and labour policies around its stated priority of protecting American workers.
“Abuse of the PERM and H-1B programs allow corporations to replace American workers with cheaper foreign labor,” Schmitt wrote.
“The Department should end that abuse and restore the regulations’ supposed purpose: Protecting American workers and putting their interests first.”
