Comment by pandaman
1 day 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.
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.
It doesn't matter how you evaluate these busts, what matters is that they contradict your claim.
I don't see the contradiction here. The game is as follows: Company has to make a good faith recruitment effort. Not an exhaustive search, not beyond reasonable doubt. Just good faith which follows the preponderance of evidence standard. This is by design. The government doesn't believe that it can win on the merits, and hence they settle. The settlement gives everyone what they want.
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