Why is it so hard to find a job now? Enter Ghost Jobs

I have to put out a ghost job req and interview every person applying within reason for every green card a direct report is applying for. I have to show there are or aren’t any residents or citizens that can fill the job

The main problem is: even if the interviewee knocks it out of the park, is an amazing engineer, I still am not interested in firing my OPT/h1b team member who can still legally work for 2-3 years. So while I will deny their green card application and not submit it, I also won’t hire the interviewee

This isn't ethical. It shouldn't be legal. But it is. Welcome to America.

> It shouldn't be legal. But it is.

How is that legal? If you think the local applicant can do the job, you legally can’t hire the H-1B over them, right?

OP already hired H-1B in the past and that person is working for them now. OP is now in the process of doing a green card application for said employee. They can't move forward with the GC application because there are other qualified citizens/residents, but they don't have to fire the existing H1B employee.

That's how I understand OP, if that's legally true or not, I don't know.

You're correct that they are under no obligation to fire the employee on the H-1B. (In theory, they are applying for a "new" job, and them not getting it for whatever the reason isn't an issue for their current job and status.)

However, what OP is missing is that rejecting the US citizen application based on their citizenship is still likely a prohibited discrimination case regardless of what they do with the existing employee.