Comment by bubblethink
5 hours ago
And the APA passed in 1946. What you are pointing to is regulation. And Chevron was overturned recently. There is no jurisdiction review bar for PERM. I am willing to bet actual money that MS will win at trial or it will be settled out of court like everything else.
Again, I am not following, are you now saying that the debarment list for PERM does not exist or it's unlawful and will be overturned by courts any moment now, 19 years later? Well, as you said, nobody is going to debar you from smoking hopium and copium.
The present unilateral action of banning MS from using PERM is unlawful as MS hasn't broken any laws. (PERM has its own cooldown mechanism of timeouts after layoffs. I'm not talking about those.) If the US government bars MS on any grounds of fraud, abuse, misrepresentation, etc., or if the US government tries to claim that they have the power to unilaterally ban PERM for MS, they will lose in court or settle. We can revisit this in a few months.