[jkaplowitz]

Those tricks definitely occur, but they are also not required in most cases: the relevant obligations only apply when (1) the employer falls under the regulatory definition of either an H-1B dependent employer or a willful violator , BUT NOT IF (2) the candidate is paid at least $60k per year or has a relevant master’s degree.

In our industry it’s rare for condition 2 to be false, even when condition 1 is true. So usually they can just be brazen about not trying to find American candidates. Regardless, non-discrimination rules still apply.

[SpicyLemonZest]

As the article describes, a competitive job search is always required for PERM certification. The employer needs to fill out a DOL form (https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/9089for...), in which section I(c) requires two print advertisements for the job opportunity, and section N requires certifying that the opportunity was "clearly open" to US workers but no US worker who qualified was found.

[jkaplowitz]

I was responding to someone who was discussing the H-1B process, which matches what I said, not the PERM process, which matches what you said.