US Senator seeks tighter H-1B hiring practices over concerns about foreign workers replacing Americans

Published 9 August 2026 · us

US Senator Eric Schmitt (R-MO) has called for tighter oversight of H-1B hiring practices, raising concerns that companies could be using the visa programme and

US Senator Eric Schmitt (R-MO) has called for tighter oversight of H-1B hiring practices, raising concerns that companies could be using the visa programme and the broader PERM labour certification process to favour foreign workers over qualified Americans. In a letter to Acting US Labor Secretary Keith Sonderling, Schmitt urged the Department of Labor to modernise recruitment rules, strengthen fraud checks and ensure American workers get a genuine opportunity to compete for jobs before employers seek permanent certification for foreign employees. Schmitt has urged the Department of Labor (DOL) to overhaul the rules governing the employment-based immigration process, arguing that outdated recruitment requirements could allow companies to favour foreign workers over qualified Americans. What is PERM programme? PERM is the DOL process employers generally use to obtain labour certification for certain foreign workers seeking permanent employment in the US. The purpose of the process is to ensure that hiring a foreign worker does not displace qualified American workers or negatively affect the wages and working conditions of similarly employed US workers. Before approving a labour certification, the DOL must determine that there are not enough US workers who are “able, willing, qualified, and available” for the job in the relevant area. Schmitt argues that the system's recruitment rules have not kept pace with the modern job market. Why does Schmitt want PERM rules changed?

According to Schmitt, the DOL's PERM regulations have not been substantially updated in more than 20 years. He specifically criticised requirements that rely partly on newspaper to demonstrate that employers attempted to recruit US workers. With job searches and applications now overwhelmingly taking place online, Schmitt said such requirements could make it easier for employers to technically comply with recruitment rules while failing to reach a large pool of American workers. “Given dramatically reduced newspaper circulation and the prevalence of online job applications, these outdated rules let employers conceal jobs from American workers while claiming they tried to recruit domestically,” Schmitt wrote. What changes is Schmitt proposing? Schmitt wants employers seeking PERM certification to face tougher and more transparent recruitment requirements. His proposals include Mandatory online: Employers would have to post PERM positions on their normal careers pages and at least one widely used online job platform. Same application process: Companies would have to use the same application process for PERM jobs as they use for comparable positions that do not involve foreign-worker certification. Record every US applicant: Employers would have to document each American who applies and explain why an applicant was rejected. Certification against job reservation: Employers would have to certify that a position was not formally or informally reserved for a foreign worker. Electronic applications: Employers would have to accept applications electronically or through the same channels used for comparable jobs.