The DOL says most of the denials are in the lower skilled categories and in the financial industry. DOL feels that by denying these petitions, they are protecting American jobs. However, there are some lower skilled jobs (like machine work, technical work in the oil and gas industry) where there is a real shortage of US workers. No US Employer goes through the hassle and expense of the Immigration process if they can find qualified local grads. And by “qualified” I don’t mean the least qualified, I mean the most competitive.
The DOL also expressed surprise that 21% of the cases were withdrawn. They think that those are fraudulent filings. Not so. It takes two years for an audit. The DOL has a target time of 45-60 days for approving PERMS. Many qualified employees don’t want to wait that long.
The whole problem with restrictionist policies is that they negate free market capitalism, and thus are inherently un American.
And that is the problem of the whole PERM process. DOL just restricts the job to the least qualified individual who can do the job. Lets say the Petitioner is Bank of America. The position is an investment analyst. The minimum education requirement is a Bachelor’s Degree. The Beneficiary is a graduate in finance and Math from MIT. Lets say someone with Rick Perry’s credentials (a C from Texas A & M ) applies. Would you rather have financial advice from the American born A & M grad or the foreign-born MIT grad? By insisting on having the lowest possible credentials available to do the job, the DOL is actually dumbing down the American workforce and decreasing quality of work here.