>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.

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pandaman an hour ago | parent | next [-]

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?

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bubblethink an hour ago | parent [-]

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.

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pandaman an hour ago | parent [-]

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.

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bubblethink 41 minutes ago | parent [-]

PERM is approved at a rate in high 90s. The government - this government - has approved PERM for all these corporations that it is slandering now. Here's a deposition from a DOL employee [1]:

"Q Are any PERMs denied for fraud? A Not to my knowledge."

There is a PERM process, the government overwhelmingly approves it, it does not take anything to court or win. I am not sure what you are trying to argue.

[1] https://storage.courtlistener.com/recap/gov.uscourts.mad.266...

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pandaman 36 minutes ago | parent [-]

You are not giving the links to the prosecutions you claimed the government lost.

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bubblethink 26 minutes ago | parent [-]

I am claiming the government does not prosecute them or deny their PERM. What are you arguing? Can you state it clearly?

	▲	pandaman 13 minutes ago \| parent [-]
		You claimed that government does not successfully prosecute this, implying it prosecutes and fails. If you wanted to say it does not prosecute then you should just said so when I asked what prosecution did you mean. Also what are you arguing here? We both agree that inadmissibility does not require prosecution, so what's your point again?

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buzer 43 minutes ago | parent | prev [-]

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.

	▲	bubblethink 39 minutes ago \| parent [-]
		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.