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%.
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.
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.
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.
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.
I was talking about your claim that there is pretense or there is some ruse and that people are wising up now. If you read the entire bill, it covers all sorts of classes of non-immigrants and immigrants and the path from one to the other. If you think Congress was duped, I don't know what to tell you.
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.
One shouldn't pay heed to any comments one way or another that are prefaced with "I am X". They are thinly veiled attempts at appealing to people's base emotions.
There is no pretense. You can read past the line that confirms your world view. "They helped increase the efficiency of utilization both of the H-1B status for temporary skilled workers (i.e., "non-immigrant workers") acquired by filing Form I-129, as well as the employment-based immigrant categories for immigration (EB-1, EB-2, and EB-3, acquired through Form I-140), thereby increasing the number of people who at a given time could be in that status." The bill acknowledges that there is a massive backlog in the H-1B->GC pipeline and while it's hard to get bipartisan consensus on supply side reform, it makes incremental progress in making lives of people in the backlog a little better.
I know you post this canon of "but acktually, Congress didn't want skilled immigration" in all threads, so it's useful to point to the actual legislative record, AC21 (American Competitiveness in the 21st Century), which is the most recent passed legislation that covers a lot this (https://en.wikipedia.org/wiki/American_Competitiveness_in_th...).
Any changes to immigration require the legislature. Congress hasn't changed anything in over 30 years, so all this is moot. If wishes were horses, beggars would ride. It's a bit silly to reason backwards about what the anti-immigrant types want. There is no grounding principle there.
The vast majority of immigration to the US is based on luck (family, diversity etc.) or misery (asylum, refugee, etc.). That's about 90% immigration. The remaining 10% is employment. Where did you pull the $1M figure out of? Is the Mexican sibling paying $1M in taxes to immigrate here? Peak chud logic here to penalize the smallest and most productive slice of immigration.
I think, at least historically, the crowd here has been heavily based in the bay area and the odds that they've worked in tech alongside other people on visas would be high. So it would lead one to believe that people have at least some understanding of how things work. I say historically because like most social networks, this site has also expanded to become more of an x.com or reddit style global venue, so that in-group assumption isn't true anymore.
Actually, there is. I am a bit tired of correcting these types of misunderstandings that people have. Unreasonable delay, unlawful witholding, arbitrary and capricious are all well defined terms in the law and courts have routinely held and even forced the government to take action (i.e., do their job) when they just pause or suspend things. For a few recent decisions read this:
You should ask them if they feel if they're being exploited. Or ask startup employees if they are exploited for working at below market pay for equity. As someone who has been in each of these positions at different times, I can tell you that I never felt exploited.
This would be true if visa and status were the same thing. In the US, they are not. Whether you are legally present in the US is governed by status. So what happens is that your status is valid and even renewed or extended in the US. But your visa expires. And you need to renew the visa just to bring the date on the visa to the same date as your status. You literally go to the consulate and show them your other status document, and they stamp your passport with the date from the other status document. It's all quite silly. A bit like the movie Brazil.