The US Labor requirements for PERM merely require the employer to make the posting and evaluate the candidates. If they do find a US based candidate, the law isn't saying the company has to hire them - just that the PERM application for the current foreign employee will get rejected. He still gets to keep his job as long as his visa is valid.
Yes, companies will play games to ensure he passes the labor certification. And yes, it doesn't always work. In a team I was in, we had a bunch of Indians who got rejected multiple times over the years before they finally got approval. The folks on the government side didn't just take the company's word - they "randomly" picked a person and would audit all the people who had applied and would argue (successfully) with the company that some of the US based applicants were actually eligible for the role.
An explanation where companies intentionally didn't follow through would be less clearly fake job listings. The jobs are 100% fake even if they may be from companies more likely to have real listings than average and it is an extravagant astroturfing deception coordinated by a government to collect market information. If this were done by a University, an ethics board would halt it.
>it is an extravagant astroturfing deception coordinated by a government to collect market information.
Does a government need to go through these hoops to get market information? I thought that past part of the point of the Bureau of labor and several other organizations.
The US Labor requirements for PERM merely require the employer to make the posting and evaluate the candidates. If they do find a US based candidate, the law isn't saying the company has to hire them - just that the PERM application for the current foreign employee will get rejected. He still gets to keep his job as long as his visa is valid.
Yes, companies will play games to ensure he passes the labor certification. And yes, it doesn't always work. In a team I was in, we had a bunch of Indians who got rejected multiple times over the years before they finally got approval. The folks on the government side didn't just take the company's word - they "randomly" picked a person and would audit all the people who had applied and would argue (successfully) with the company that some of the US based applicants were actually eligible for the role.