Comments on: Great moments in immigration law

By: Update: Cohen & Grigsby immigration video

Update: Cohen & Grigsby immigration video — Sat, 12 Jul 2008 04:28:24 +0000

[…] year (Jun. 25, 2007) a furor broke out when a YouTube video revealed lawyers from the firm speaking frankly about […]

By: gary

gary — Wed, 27 Jun 2007 14:00:47 +0000

David, actually, in the video the law firm did not say that a U.S. applicant should be rejected if their resume lists a “desired salary” higher than the salary offered. The words “desired salary” are a misquote–purposeful or not–by the programmersguild. The law firm stated that an applicant can be considered not interested in the job if they “don’t like” the salary. The actual law is that an applicant can be considered as not interested if he is not willing to accept the salary offered, provided that the salary meets the higher of the prevailing wage in the geographic region for such jobs and the actual salary paid by the company to others in the same job.

By: mythago

mythago — Tue, 26 Jun 2007 10:13:37 +0000

gunner, please keep in mind that these companies are currently whining about how they need to expand the H-1B visa program because there are not enough qualified domestic applicants.

By: David Schwartz

David Schwartz — Tue, 26 Jun 2007 00:07:47 +0000

gunner:

Holding interviews for the purpose of finding some way to disqualify applicants is hardly the “good faith recruitment” that PERM requires. Rejecting applicants without an interview because their “desired salary” listing on a resume is greater than the pay for the job (without offering them a chance to accept or refuse a lower salary) is hardly the “good faith recruitment” the law requires.

Obtaining a visa under PERM requires the employer to attest that they conducted good-faith recruitment efforts without success. This is a specific legal requirement. The techniques discussed in fact violate the law. That is, they are illegal.

By: anon

anon — Mon, 25 Jun 2007 11:41:42 +0000

The Senators demanding the investigation (read their letter) have completely confused the H-1B program, which they malign, with the PERM system, about which the conference is held. These are two very different and discrete systems. And these are Senators introducing amendments to the CIR!

By: gunner

gunner — Mon, 25 Jun 2007 11:09:27 +0000

immigration issue aside. They are simply telling the companies how to follow the law to get the best workers at the lowest prices. Seems harsh, but companies are supposed to make a profit..any legal way possible.