Amazon has become yet another boiling topic of discussion on social media, especially on Reddit and Team Blind. This time over how they are handling their PERM cases.
This change has created concern and speculation regarding the company’s strategy and its potential impact on foreign workers seeking permanent residency in the US. Let us break down what is happening and why it is causing such a stir.
What is a PERM case?
For context, a PERM (Permanent Labor Certification) case is a critical step in many employment-based immigration and green card applications.
The US Department of Labor (DOL) issues the certification to employers who want to hire foreign workers for permanent positions.
The process involves proving that no qualified US workers are available for the job and that hiring a foreign worker will not negatively affect wages or working conditions for US workers in similar roles.
Financial Express Online has reached out to Amazon for a response on the post and yet to receive a response.
Amazon’s strategy shift
Amazon has recently created concerns on social media by reworking existing PERM cases.
According to posts shared by workers on both Reddit and Team Blind, the company has taken the unprecedented step of shutting down employees’ ongoing PERM cases and reopening them under a different legal entity, Amazon Development Center US, Inc.
According to a screenshot shared along with the post, the following message was shared with affected workers who were undergoing the PERM process:
“Amazon Immigration (“Amazon”) has decided to proceed with a different filing strategy for your PERM case using a batch campaign under AMAZON DEVELOPMENT CENTER U.S., INC. While the batch campaign does not align with your current entity (Amazon.com Services LLC), it is an exact match for your PERM sponsored role and worksite location.
What does this mean for you?
Filing the PERM and I-140 under AMAZON DEVELOPMENT CENTER U.S., INC. will allow Amazon to secure a priority date on your behalf. Once your priority date becomes current, Amazon will strategize and assess options to align your employing entity to the PERM-sponsored entity. We’ll be in touch if Amazon changes the filing strategy from what is relayed above.”
How will it affect workers?
The primary concern is that by using a “clean” entity, in this case, Amazon Development Center U.S., Inc., Amazon might be attempting to avoid the labour market test issues that could arise from recent layoffs at its core Amazon Services LLC entity.
This test is crucial in the PERM process because it requires the employer to prove that no qualified US workers are available for the position.
Moreover, the priority date, which is established at the time of the PERM filing, determines an applicant’s place in line for permanent residency.
By switching entities, Amazon ensures that the priority date remains intact, providing some level of security for workers.
The PERM process is a critical step for foreign workers seeking green cards through employment-based categories, particularly EB-2 and EB-3.
The process involves extensive recruitment efforts and advertising requirements, aimed at testing the labour market for US workers. Once certified by the DOL, the employer can file an I-140 immigrant petition with US Citizenship and Immigration Services (USCIS).
Netizens reactions
Netizens responded on Reddit and TeamBlind on the post. A user noted, “I think what is happening is they are locking the priority date for employee using this entity. This enables unlimited H-1B extension and even row is backlogged. Then they can keep trying to file i140 and perm using the original Amazon entity without having to send employee to Vancouver or something.And yes this way layoffs at main Amazon entity don’t impact this”.
Another added, “H-1B fraud has been out in the open for decades. A lot of companies don’t even try to hide it. At this point it’s obvious there is no interest in fixing it either. (Trump is already backtracking on it.).”
” H-1B visa is a non-immigrant visa. Company founders have different avenues to work in the US legally. The H-1B visa is not really important for them,” claimed a user.
“We need to just down H1B and TN visa for tech roles,” wrote a user.