Where in there is there something stating "if you don't really want a domestic worker, then simply create the job advert but then make up reasons not to hire applicants and tell us you couldn't find anyone."
It seems as though you read that person's comment as "advertising jobs is not required" when what they said was "don't pretend your company's effort to skirt regulations was actually what's legitimately required to abide by them." Regulations DO NOT state you have to go through the motions even if your intent is to hire a foreign worker anyway. The regulations state that you CAN'T hire a foreign worker if you haven't legitimately tried to hire a local worker. By going into the process with the INTENT of hiring a foreign worker regardless of your local worker search is fraud. Regs do not say "You must commit fraud."
The claim is that the company did this for their own random reasons. It is a required market test with penalties if you file a petition and had a qualified worker you couldn't reject, not filing a petition because you do puts you out of their responsibility so whether you are hiring after their fraud is your own business.
Right kind of similar to how the IRS is above fault, immigration can make a complex scam where they only take the results when there was no harm done.
I have no idea what part of that text you read that made you sure you had to hire a qualified candidate or that a consequence could exist if you don't let alone that their department would look at it. It's my understanding that they are not even allowed to consider past behavior of an employer.
So show me on their website. I see a ton about going on with a petition incorrectly, what about when there is a candidate and you would need to hire them to make this process not their market information scam, where is that? I don't think you (or burnte) are even referring to the process I linked to which I presume is the one in the top post.
You clearly haven't read the actual documents. Your responsibility is to not do the PERM process if you can find a qualified candidate because that would be negatively affecting the market, immigration spends no time on what happens if you can find a candidate because deceiving people that you have a job is perhaps a standard market behavior (1 in 5 jobs is such a deception) and they are not your lawyer.
If you wanted to imply a process was was a serious obligation to hire the most qualified candidate you would call it a good faith effort to test the labor market?
Yes, I'll be sure to review the implied acts of Congress instead of believing an incident report from someone at an organization that did the PERM process matches the government website's summary and detailed documentation of it might be based on correct legal advice.
It seems as though you read that person's comment as "advertising jobs is not required" when what they said was "don't pretend your company's effort to skirt regulations was actually what's legitimately required to abide by them." Regulations DO NOT state you have to go through the motions even if your intent is to hire a foreign worker anyway. The regulations state that you CAN'T hire a foreign worker if you haven't legitimately tried to hire a local worker. By going into the process with the INTENT of hiring a foreign worker regardless of your local worker search is fraud. Regs do not say "You must commit fraud."