[raincom]

Here is the flaw, material or otherwise: (a) companies post jobs with descriptions that filter out all but the candidate they are filing for DOL certification. Next time, look at your company postings with exacting requirements: 3 yrs of experience in the stack A, 5 years in the language X, 6 years in Y, etc. That's how the game is played. (b) During green card processing, I have seen companies setting up fake interviews only to disqualify whoever comes for the interview. I was a victim of that.

[ActsJuvenile]

I have seen pretty much every company be guilty of (a), so it is hard to regulate it away.

(b) seems downright malicious and/or stupid. Why conduct fake interviews if employer is going to pay the same amount? Especially when you future foreign worker won't be able to work for you till next October at the earliest?

[raincom]

(b) is to file I-140 for those who have been already on H1B. If I were an employer, and if I wanna apply for I-140 for one of my employees who is on H1B, I need to do that.