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Everyone here is confusing two completely separate things as is the norm since immigration procedures are very complicated, an actual job opening vs. the PERM j
by belltaco 6y ago
Everyone here is confusing two completely separate things as is the norm since immigration procedures are very complicated, an actual job opening vs. the PERM job advertisement. The latter is usually for an existing H1B employee who was already hired during a "real" job opening ad has been working for a while.
In order to start the green card process for a H1B employee, the PERM is the first step. The H1B employee's job is advertised as an open position(even though it is not) and candidates are interviewed and the objective is to show that no qualified candidates exist in order for the other stages of the GC process to continue.
GP poster is referring to the original H1B hiring process which is almost always a legit job opening and candidates are found in the open job market. The DoJ is not alleging that Facebook only tried to hire H1B employees for certain positions. They are alleging that FB cooked the PERM job advertisements so that they could continue employing a temporary H1B employee who already is working for FB and has institutional knowledge that FB does not want to lose.
- username90 6y agoBut that doesn't really make sense? Lets say that Facebook need 100 engineers with said skill, would they open up 100 PERM positions and if any of them are not filled they can keep the worker? Otherwise what if a candidate applies to the PERM position and not the normal ones, while the temp worker would be qualified for many other positions advertised by Facebook that goes unfilled? The whole system seems very badly thought out to be honest. And no, just because you need 100 of something doesn't mean that it isn't highly skilled. People who can architect highly performant reliant systems are not that common and can fit most spots at Facebook, they need thousands of those.