[nonameiguess]

It's hard for law to cover all edge cases. Your comment about "modern large software engineering companies" seems to apply to 5 or 6 companies with enough profit to hire as many people as they want even if they may never use them for anything as a talent hoarding strategy, in contrast to the thousands of companies out there that still mostly hire to fill specific positions.

This specific regulation was finalized in December 2004, so yes, it obviously could not have taken Facebook's specific hiring practices into consideration given Facebook hadn't even existed for a full year yet and I think had 6 employees at the time.

You can certainly argue the law needs to change, but man, good luck. There are a lot of other aspects of immigration law that need to change with higher priority than this, but it's a political minefield that candidates love to campaign on but Congress won't actually touch with a 50 foot pole. Until then, I don't think the Department of Labor has much choice but to enforce the law as it exists today. It isn't up to them to change it.