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

(arxiv.org)
391 points JSeymourATL | 1 comments | 14 Nov 24 14:35 UTC | HN request time: 0.283s | source
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shmatt ◴[14 Nov 24 14:56 UTC] No.42136701[source]▶
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

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morpheuskafka ◴[14 Nov 24 15:22 UTC] No.42137042[source]▶
An understandable situation. But by admitting this, your company is admitting liability for citizenship discrimination (8 U.S.C. § 1324b).

Even though you are not submitting a PERM and running into potential issues with fraud there, the underlying act of rejecting US citizen/LPR applicants is the same, so I don't see how this would be any different than, for example, the Apple case last year (https://www.justice.gov/opa/pr/justice-department-secures-25...) with a $25M settlement.

In the Apple case, the company did actually obtain PERMs for some of the positions, but they were only charged with discrimination against the un-hired applications, not anything to do with the the hiring/sponsoring of the foreign workers. Furthermore, the case did not even allege actual tossing out of US citizen resumes, but merely making the applications deliberately inconvenient to avoid actually receiving any unwanted "real" applications.

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1. gmueckl ◴[14 Nov 24 17:37 UTC] No.42138754[source]▶
I don't think you interpret the Apple case correctly. They got fined for advertising PERM job postings differently from regular job openings, distorting the test in the view of the agency. That has nothing to do with the post you are responding to.