Comment by pandaman
6 hours ago
>It doesn't say anywhere that it cannot be advertised in a small town.
It does say in the law [1]: "there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor".
The rules of DOL are just guidelines how they are going to determine this but they are not the law. I will argue that if you are planning to publish your job ads in a small town newspaper you do not believe yourself that there are no "able, willing, qualified and available" Americans for your job.
“Must be widely distributed in the area the job is located” kinda limits the small towns that can be used. Not to mention the increasing difficulty of finding a small town with a newspaper.
FWIW this is rarely checked during PERM, e.g. in the DOJ statement posted in a sibling comment tree[1] they ran an investigation to find that Apple did not post their PERM jobs on their website. DOL happily approved those PERMS despite such an obvious conduct to limit the number of applicants for a job. And, when found, only Apple was slapped with a 25M settlement (which is profit Apple makes over couple of hours) - nobody in DOL who approved those PERMs had been punished.
1. https://www.justice.gov/archives/opa/pr/justice-department-s...
>I will argue
You, or the government in this case, should argue that in a court of law. So far, the government has not won any of these cases in a court of law. And I mean over the last 2-3 decades. The number of successful prosecutions will be in single digits. It's a bit like voter fraud when it comes to actual numbers.
Which cases? What prosecutions? Are you seriously saying that there are no qualified, willing and available workers for random PM or front end jobs and only this particular Indian person, who just graduated from an American college a few years ago is the only one who is able to do the job? I'd love to see a single case like this, got any links?
The cases where the government has proved in a court of law that a company is in violation of the statute or regulation. I am not aware of any successful prosecutions here other than maybe Cognizant which was in the news some time ago.
16 replies →
They have settled at least one case: https://www.justice.gov/archives/opa/pr/justice-department-s...
> Specifically, the department’s investigation found that Apple did not advertise positions Apple sought to fill through the PERM program on its external job website, even though its standard practice was to post other job positions on this website. It also required all PERM position applicants to mail paper applications, even though the company permitted electronic applications for other positions.
Of course court itself could have arrived in different result.
Yes, they all settle out of court. Everybody makes money and headlines. Companies write it off as the cost of doing business, politician uses it on the campaign trail. Biden sued SpaceX because they weren't hiring asylees. Same shtick.