When companies decide to hire an alien by using a
work-based green card (EB category), the labor
certification regulations require that they look for
qualified U.S. workers. This bureaucratic process is
called a "labor market test". The process is a charade
that usually begins and ends with the placement of
job-ads posted in local newspapers. Qualified U.S.
workers that send resumes in response to these ads are
this case, an engineer named David Huber applied for
this position at Cisco Systems when he saw a he saw a
job advertisement in the Chicago Tribune newspaper.
Cisco never intended on hiring a U.S. citizen so they
sent the resume to an employee of Fragomen, Del Rey,
Bernsen & Loewy LLP. Fragomen's job is to give legal
counsel on how to legally reject all qualified Americans
who apply for the job.
For more on this story go to this excellent
blog by Brad Reese.
NOTE: Labor market tests are not required for H-1B or
L-1 nonimmigrant visas. That's because employers are not
required to look for qualified U.S. workers if they
decide to import workers by using H-1B/L-1 visas.