Employment-based Visas

America's highest-skilled workers are being displaced from their professions by employment-based visas:

H-1b: Congress has authorized employers to sponsor and hire foreign workers regardless of whether qualified Americans are available to fill the positions. Employers can legally force Americans to train their foreign H-1b replacements as a condition of receiving a severance package.
L-1: Congress has authorized employers to bring foreign workers into the U.S. for one year while continuing to pay them their foreign wage level.
PERM: Congress has authorized employers to sponsor foreign workers for green cards by simply running a few classified ads and then to find any reason possible to disqualify all American applicants.

Resources

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LCA and H-1b Data

FLC Data Center - Download PERM and LCA databases from the Dept. of Labor website.
H1b.info - Search LCA data at this website.
H-1b Regulations - On the DOL Website (PDF).
H-1b LCA Process - Explained on the DOL Website.
Electronic LCA Application Form - (Form ETA 9035E) on DOL website

Criteria DOL uses to approve or deny an LCA - "Determination"

As explained in 20 CFR 655.740 the DOL staff MUST certify all LCAs provided they are completely filled out. It is like registering your car - you fill out the form and they give you a certificate.

(1) Certification on labor condition application. Where all items on Form ETA 9035 or Form ETA 9035E have been completed, the form is not obviously inaccurate, and in the case of Form ETA 9035, it contains the signature of the employer or its authorized agent or representative, the regional Certifying Officer shall certify the labor condition application unless it falls within one of the categories set forth in paragraph (a)(2) of this section.
(2) Determinations not to certify labor condition applications. ETA shall not certify a labor condition application and shall return such application to the employer or the employer's authorized agent or representative, when either or both of the following two conditions exists:
(i) When the Form ETA 9035 or 9035E is not properly completed.
(ii) When the Form ETA 9035 or ETA 9035E contains obvious inaccuracies.

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