[renewiltord]

This advice is incongruent with that of any lawyer I have consulted on the subject (both from the perspective of an employer and as an employee). To those interested in the subject, you'll have a more accurate picture of the current legal climate from a lawyer. In my experience, it will be very different from this user's legal determination of whether one must prove the existence of 0 US residents for the job. As an employer, USCIS has never required this proof from us for a H-1B.

[vore]

Just as a clarification, the poster is talking about PERM for EB-2 and EB-3 visas which do kind of have those requirements, not H-1B.