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Comment by bubblethink

12 hours ago

The lack is established by a good faith recruitment process, not an exhaustive search. This is intentionally vague because it's a non-sensical requirement that is hard to prove one way or the other and was only added as a political compromise. The company is free to tailor the minimum requirements to its liking. Recall that this is a free capitalistic country. So you can establish that you can't fill the req. locally and hence are hiring a foreigner. The reason I'm pointing this out is because you have picked some type of textual or literal interpretation of things ("this is what EB is for"), and companies have lawyers who are good at following the text.

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bubblethink

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pandaman  8 hours ago

The company is free to tailor the minimum requirements to its liking however it must be able to persuade the government that the job cannot be done without these requirements and a foreigner meets them. If you could just require a Nobel Prize in Physics and 50 years of experience for your PM or JS-jockey job then we would not be seeing articles like this. So I don't see why would you be pointing it out.

>and companies have lawyers who are good at following the text

Apparently not very good lawyers at Apple: https://www.justice.gov/d9/2023-11/ier-apple_settlement_agre...

Or Meta: https://www.justice.gov/archives/opa/pr/justice-labor-depart...

Just a couple of recent high-profile busts. The problem is not "good lawyers" but the fact that the only punishment for breaking the law is a pittance of a settlement.

  • bubblethink  5 hours ago

    The "busts" are more theater than anything else. The DOJ also sued companies for not hiring enough immigrants (https://www.justice.gov/archives/opa/pr/justice-department-s...) .

    >The problem is not "good lawyers" but the fact that the only punishment for breaking the law is a pittance of a settlement.

    That's how settlements go. The government gets to do its theater, the constituents believe that the government is fighting for them, and companies write this off as the cost of doing business.