Comment by bubblethink
6 hours ago
>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.
What prosecutions of the 8 U.S.C. § 1182(a)(5)(A)(i) do you mean? It's a clause that says that aliens looking for a job are inadmissible unless there are no qualified, willing and available workers as certified by DOL. It is not prosecuted, aliens are just not admitted. But if you have seen it being prosecuted somehow I am still waiting for a link.
15 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.