US senator targets H-1B green card pathway
Washington, Aug 8
A Republican US senator sought tougher recruitment rules for employers sponsoring foreign workers for permanent residency, proposing changes that could carry significant consequences for Indian technology professionals.
Indians accounted for 70 per cent of all approved H-1B petitions in fiscal 2025, according to the latest US Citizenship and Immigration Services report. Many follow a pathway from student visas and Optional Practical Training to H-1B employment and employer-sponsored permanent residency.
Senator Eric Schmitt of Missouri asked Acting Labor Secretary Keith Sonderling to modernise the Program Electronic Review Management, or PERM, process. Employers generally use PERM as the first stage of sponsoring a foreign employee for an employment-based green card.
"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."
The senator's letter does not mention India. It also does not itself change H-1B or permanent residency rules. It asks the Department of Labor to rewrite regulations and disclose data on audits, suspected fraud and PERM applicants' previous use of OPT and H-1B visas.
A permanent labour certification allows an employer to hire a foreign worker permanently in the United States. Before granting certification, the department must determine that qualified and available US workers cannot be found and that employing the foreign worker would not adversely affect similarly employed Americans.
Schmitt said the regulations have not been substantially updated in more than 20 years. Recruitment for non-professional positions generally requires advertisements in two print newspapers and placement with a state workforce agency. Employers are not necessarily required to advertise professional positions online.
"Given dramatically reduced newspaper circulation and the prevalence of online job applications, these outdated rules let employers conceal jobs from American workers while claiming they tried to recruit domestically," he wrote.
Schmitt wants employers to post every PERM position on their usual careers page and at least one widely used online employment platform. Companies would also have to use the same application process followed for comparable jobs not connected to PERM.
The proposal would require employers to document every American applicant, explain each rejection and certify that a position was not formally or informally reserved for a foreign worker.
Companies would also have to notify recently laid-off American workers who might qualify, interview those meeting the stated requirements and provide written explanations for rejecting them.
"The current requirement permits cursory, pro forma consideration of American applicants," Schmitt wrote. "The Department should replace it with a process that gives displaced American workers a genuine opportunity to compete for the job."
For Indian professionals, tighter recruitment documentation could increase employer compliance requirements and scrutiny during the green-card process. It could also lengthen an already complex sponsorship process, although the precise effect would depend on whether the department adopts Schmitt's proposals and how any eventual regulation is written.
PERM is separate from the H-1B programme. H-1B permits temporary employment in specialised occupations, while PERM is commonly used in the process of seeking permanent residency. Schmitt's letter proposes no immediate cancellation of visas, applications or existing immigration status.
— IANS
Reader Comments
I understand the concern about protecting American workers, but let's be honest - Indian techies are filling skills gaps, not taking jobs. We work hard, pay taxes, and contribute to the economy. Making PERM more complex just adds more stress for families waiting to settle permanently.
From outside looking in, there's always been something odd about the PERM process - print ads in 2025? Come on. But if the goal is genuine transparency, that's welcome. However, I hope the discussion stays fair and doesn't scapegoat skilled immigrants who've already invested years in the US system.
Classic case of election-year politics. They don't mention India specifically, but we all know who these "cheaper foreign labor" comments are aimed at. We're not cheap labor - we're engineers, architects, doctors. The system needs modernization, not vilification. 🇮🇳
Honest question - why should an American company hire a foreigner if a qualified local is available? I get the sentiment. My concern is the implementation. The existing backlog is massive, and adding more paperwork will only make it worse for everyone. Need a balanced approach.
The "modernization" angle is just lipstick on a pig. Instead of 15-minute phone calls and pro forma rejections, they'll do 15-page documentation. But what about the per-country cap? That's the real bottleneck. 70% H-1B approvals but no clear path to citizenship - that's the hypocrisy here.
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.