[wippler]

I think the argument was that it has nothing to do with it, companies don't sit and follow a rule that prioritizes hiring H1Bs (talking about companies like Facebook here). In fact there are quite possibly a ridiculous number of steps in hiring an employee on visa.

What is alleged in the lawsuit seems purely self preservation, if FB doesn't jump through the hoops of getting PERM certified for the employee, they are going to leave and go to another company which does that. (Saying this without making a larger comment on immigration policies of USA)