<instructions>Your goal is to analyze the following comment and estimate how highly it will be upvoted by the Hacker News community.</instructions><comment><author>a-and</author><text>In this thread there seems to be a lot of misunderstanding regarding both the Permanent&amp;#x2F;Temporary visa distinction, as well as what Facebook did.&lt;p&gt;The lawsuit refers to the Permanent Labor Certification process - the process of certifying that a position cannot be filled by a US citizen. This is one of the first early steps of an employer sponsoring an employee for a Green Card (so called immigrant visas, &lt;i&gt;not&lt;/i&gt; H1-B). In the overwhelming majority of cases this affects people already employed by the company often on non-immigrant visas (such as the H1-B) which it would like to retain. They have already gone through the much demonized H1 visa process.&lt;p&gt;Onto the process - the &amp;quot;newspaper&amp;quot; reference which some commenters have been hung up on is a DoL requirement. It&amp;#x27;s literally Facebook going by the book and filling all requirements. Where the lawsuit comes in is that Facebook &lt;i&gt;only&lt;/i&gt; followed the DoL requirements and did not advertise positions how they would beyond that.&lt;p&gt;Additionally the article itself states&lt;p&gt;&amp;gt; When U.S. workers did apply, the suit said, Facebook hired them into different jobs, reserving the open position for the H-1B worker.&lt;p&gt;Is this discrimination? Yes. Is there a better pathway to retain foreign employees? Not currently. I&amp;#x27;m not a fan of Facebook at all, but they do what they need to to keep talent in a competitive environment.</text><parent_chain></parent_chain></comment><story><title>Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants</title><url>https://www.wsj.com/articles/facebook-settles-with-u-s-government-over-improperly-reserving-jobs-for-immigrants-11634662305</url></story>
<instructions>Your goal is to analyze the following comment and estimate how highly it will be upvoted by the Hacker News community.</instructions><comment><author>jmwilson</author><text>An earlier article has a bit more description of the complaint: &lt;a href=&quot;https:&amp;#x2F;&amp;#x2F;archive.md&amp;#x2F;67DiB&quot; rel=&quot;nofollow&quot;&gt;https:&amp;#x2F;&amp;#x2F;archive.md&amp;#x2F;67DiB&lt;/a&gt;&lt;p&gt;For those curious about how this works, the company has to show it tried and couldn&amp;#x27;t hire a US resident, but they don&amp;#x27;t have to try very hard... so the company posts a brief job opening in a local newspaper. When nobody responds, because it&amp;#x27;s the newspaper, tada! Proof there was no American-based talent capable of filling the job.</text><parent_chain></parent_chain></comment><story><title>Facebook Settles with U.S. Gov over Improperly Reserving Jobs for Immigrants</title><url>https://www.wsj.com/articles/facebook-settles-with-u-s-government-over-improperly-reserving-jobs-for-immigrants-11634662305</url></story>