It's a reference to these "positions": 'However, the PERM process requires an employer to first demonstrate that there are no qualified and available U.S. worke

It's a reference to these "positions": 'However, the PERM process requires an employer to first demonstrate that there are no qualified and available U.S. workers for the position that the employer plans to offer to the temporary visa holder.' I.e., not really new positions, as the temporary visa holder is already in said position.