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A comment on Justice Dept files suit against Facebook for discriminating against U.S. workers. Parent comment

Re:Justice Dept files suit against Facebook for discriminati... by dragonwriter on Thursday December 03, 2020 @07:37PM (#25297532)
> This is the "legal fiction" rayiner is talking abou

Rayiner did not reference a “legal fiction” based in statute, he referenced an “administrative fiction” that he specifically claimed was unsupported by the statute and a product of abuse by the executive over the last 40 years.

This is clearly false. It is expressly the statutory policy directed by Congress.

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Re:Justice Dept files suit against Facebook for discriminati... by xyzzyz on Thursday December 03, 2020 @07:56PM (#25297665)
> It is expressly the statutory policy directed by Congress.

Yes, that's what makes the fiction legal. However, the "fiction" part is about prohibiting government agencies from concluding immigration intent based on the application for permanent residency which clearly does show immigration intent. The H1B holders are still technically required to not have immigration intent, and it still technically is a non-immigrant visa, but it's all a fiction in practice.

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