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.
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.
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...
You are not giving the links to the prosecutions you claimed the government lost.
I am claiming the government does not prosecute them or deny their PERM. What are you arguing? Can you state it clearly?
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?
No, I never implied that they fail. They do not prosecute or deny any PERM certifications. PERM is anyway not tied to inadmissibility of an alien as PERM is an employer driven certification process. Recall that PERM is administered by the Dept. of Labor. Specifically for PERM, they need to prove in a court of law that the company is violating civil rights, labor laws, discriminating against a protected class, doing fraud, etc. They do not do that at the administrative level (by denying PERM) or at the judicial level (by winning a court case). All they do is make speeches on the campaign trail, and occasionally settle out of court as some other sibling comments' examples in Apple, META, etc. show.
Okay, then I read you reply wrong and have no idea what are you trying to say. The law I quoted is about inadmissibility, PERM is a process to create an exception for an inadmissible alien as described in the law. Recall that the exception is created via DOL certifying that there are no sufficient able, qualified, willing and available workers. PERM is a way to conduct this certification. Read my first message you have responded, it has the link to the law. I am also not sure what you mean by this "They do not do that at the administrative level (by denying PERM) " because the news item you are commenting under is exactly about the blanket PERM denial.
Yes, the present blanket ban is unlawful which will be overturned by the courts as arbitrary and capricious (similar to tariffs, 100k fee, and countless other things that this admin has done). I mean that historically PERM approval rates have been above 90%.
That's, like, your opinion, dude. For what it's worth, these bans are routine and had been issued many times before, none was declared "unlawful" by an actual court, nor it had been overturned. Usually what takes for the ban to be lifted is the company getting into compliance with the law and stopping the cute "nobody told us we should not ad in the Podunk Monthly Herald, we honestly thought this is the best place to source PMs!".
> "Q Are any PERMs denied for fraud? A Not to my knowledge."
This is misleading. "Fraud" is a legal term, and it's difficult to prove. However, DoL can and will do an audit to verify that the PERM application is correct. If the audit fails (and they fail them often) they just deny the petition.
But they don't deny them. PERM is approved > 90%. Google for PERM stats.
Well, yes. That's because the majority of PERMs are well-documented. It costs a lot to go through the process, so companies don't bother with weak applications.
I'm confused then. What are you trying to say? I am claiming that there is no meaningful fraud, misrepresentation, or abuse; everything is happening by the books with > 90% approval; things are working as designed and present theatre is political theatre for midterms.