DOL proposes new rules for PERM process, putting employers sponsoring Green Cards under greater scrutiny.
Under a settlement announced recently, Cloudera agreed to establish a $1.4 million back-pay fund for affected workers and pay $600,000 in civil penalties.
Cloudera created a separate recruitment process for seven positions earmarked for workers holding temporary visas, according to the US department of justice. US applicants were allegedly directed to submit resumes to an email address that could not receive external messages. It also faces monitoring and compliance obligations.
Following an earlier suspension of Cloudera’s PERM processing, the wider crackdown reportedly extended to eight other major employers: Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini.
The regulations have not undergone a comprehensive overhaul since 2004.
The proposed rule aims to modernise recruitment standards, strengthen safeguards for US workers affected by layoffs, improve compliance with non-discrimination requirements and revisit record-retention obligations, according to DOL’s regulatory agenda. H-1B visas generally allow foreign professionals to work in the US for up to six years. For those seeking a green card through their employer, PERM is often a critical first step. Employers must conduct prescribed recruitment to establish that no able, willing, qualified and available US workers can fill the position, and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed Americans. Once PERM is certified, the employer can generally proceed to the next stage by filing an immigrant application.