Submission + - ChatGPT, Gemini Call BS on Microsoft's PERM Program Ban 'Comment'
theodp writes: Asked to comment on the merits of the Microsoft Comment on Recent Immigration Questions, which was posted without attribution on the Microsoft On The Issues blog in response to the U.S. Government's suspension of Microsoft, Adobe, and IT outsourcing giants from the Green Card program (PERM), ChatGPT suggested it was a red herring defense at best: "The central issue is whether Microsoft has complied with the requirements governing permanent labor certification, including whether qualified American workers were genuinely considered for positions being offered to foreign workers. Microsoft instead emphasizes that 80% of its H-1B applications involved existing employees rather than new hires. That framing encourages readers to think the government's concern rests on a basic misunderstanding: that the government is counting existing workers as new foreign hires. But that is not necessarily the government's argument. Existing H-1B employees can subsequently be sponsored for permanent residency, and their employers must still comply with the applicable PERM requirements."
Asked to provide a second AI opinion, Google's Gemini agreed: "Microsoft’s response is a classic piece of defensive corporate communication. It successfully highlights true statistics—such as its high median wages and the fact that most H-1B filings are internal extensions—to counter the narrative that it is a low-wage outsourcing shop. However, its statement completely sidesteps the central accusation: that its ongoing sponsorship of thousands of green cards via the PERM program ran afoul of labor regulations while it was concurrently laying off thousands of domestic American workers. By omitting this tension, Microsoft's response answers questions the administration wasn't actually asking while ignoring the underlying compliance and fraud investigations that triggered the freeze."
Microsoft is hardly the only tech giant whose PERM program hiring practices have attracted U.S. government scrutiny. In August 2026, the U.S Dept. of Justice's Civil Rights Division announced a $3.2 million settlement involving OpenAI OpCo LLC and its analytics provider Statsig that addressed allegations of "discriminating against U.S. workers" during the PERM hiring process. And in 2023, Apple was required by the U.S. Dept. of Justice to pay up to $25 million in backpay and civil penalties to "resolve allegations that Apple illegally discriminated in hiring and recruitment against U.S. citizens and certain non-U.S. citizens." And in 2021, Facebook agreed to pay up to $14.25 million to settle civil claims by the U.S. government that the social media company discriminated against American workers and violated federal recruitment rules.
Asked to provide a second AI opinion, Google's Gemini agreed: "Microsoft’s response is a classic piece of defensive corporate communication. It successfully highlights true statistics—such as its high median wages and the fact that most H-1B filings are internal extensions—to counter the narrative that it is a low-wage outsourcing shop. However, its statement completely sidesteps the central accusation: that its ongoing sponsorship of thousands of green cards via the PERM program ran afoul of labor regulations while it was concurrently laying off thousands of domestic American workers. By omitting this tension, Microsoft's response answers questions the administration wasn't actually asking while ignoring the underlying compliance and fraud investigations that triggered the freeze."
Microsoft is hardly the only tech giant whose PERM program hiring practices have attracted U.S. government scrutiny. In August 2026, the U.S Dept. of Justice's Civil Rights Division announced a $3.2 million settlement involving OpenAI OpCo LLC and its analytics provider Statsig that addressed allegations of "discriminating against U.S. workers" during the PERM hiring process. And in 2023, Apple was required by the U.S. Dept. of Justice to pay up to $25 million in backpay and civil penalties to "resolve allegations that Apple illegally discriminated in hiring and recruitment against U.S. citizens and certain non-U.S. citizens." And in 2021, Facebook agreed to pay up to $14.25 million to settle civil claims by the U.S. government that the social media company discriminated against American workers and violated federal recruitment rules.
