That's usually what a judge decides.

Anyway, I went checking and I wasn't able to find any opening in Microsoft in the Seattle times online version. Which is definitely not a nice optics and would play unfortunately well with the current allegations

I got a PERM at MSFT once - they publish the PERM ads with a lower salary than the regular ads for openings at the same level (IIRC the minimum needed by the DoL for certification), so you'd have to be a bit mad to apply for them. But I also bet they pick the most obscure local newspapers...

The point of a green card is "Nobody in the US was able to do this job"

In that context, "Widely distributed" really shouldn't be such a complicated concept. What does the NYT charge to run a classified ad?

"Nobody in redmond could do this job!". Cool, did you try any of the other 49 states at all? No? Then go away.

The concept is quite flawed for tech companies that hire everyone who passes their technical bar. There's not a finite number of positions that Americans and foreigners are competing for. There are many jobs where a) an American could do it if they want but b) no American feels like it or c) any American who does feel like it could easily get hired without needing the bureaucracy imposed on PERM applicants.