It would be filled, they would be required to say so. Yes, it's going to look bad, that's the point.

The requirement which is driving the posting is a requirement that they search for candidates other than the one specific person they have in mind. If they post it with 'already filled' in the posting, they would not be complying with the requirement. The requirement is usually driven by a law or some policy created outside the hiring process for that position, so the hiring manager(s) are not permitted to do what you suggest.

I was employed as a contractor for a state agency many years ago. When it was time to convert to permanent full-time they had to advertise my job on the job boards because of some law. I also had to apply to my job in the same fashion. Not a promotion or pay raise was profered, just a straightforward contractor to FTE process. And I almost didn't get it.

So, I convert my resume into the job description that would be posted. Thinking it will get 100% hit rate. Lo and behold, someone else took that job description and basically converted it into their resume. And got a higher ATS score!

You seem to misunderstand the proposal. The proposal is that after they have done everything that is already legally required (advertise an open position for some amount of time etc), then they must amend the posting to include that the position is filled by an internal/external/H-1B hire. There is still a period of time when the position is advertised as open.

I use to work for a company that got around this by posting the job ad physically outside our offices doors. We were 5 stories in a WeWork space. Probably illegal but I doubt the company cared.

Which is still "broken" since the position was never really open in the first place - it's still a ghost listing, as the position was always going to an internal hire or H1b or whatever.

Yes, but requiring the post-fill disclosure will at least make data available to work the problem further.

The point was not to solve it, but to expose it.

the suggestion is to change the law.

Reducing regulations around H1B requirements (and fixing that by just reducing H1Bs) and internal hiring would be the way to solve it.

H1Bs aren't the only problem, though.

They (H1B) seem to the "low hanging fruit" many (not just in this thread) are pointing to. I spend time in hiring circles and I hear this sentiment frequently. And the Ghost Post issue too. I think Ghost is bigger issue than H1B. Don't have a good solution.

They're enough, and they cause many other problems. If we limit ghost jobs to salary benchmarking then that's a massive reduction.

Why? They'd "find" the one specific person, and then report the job was filled by that person, as an internal hire if that was the case.

I suspect they mean it's for sponsoring a green card for an existing employee.

At large companies, this kind of stuff is the norm even for internal transfers. They got all sorts of whack policies in place, department leads try to work around the red tape and make very very VERY specific job postings that only the actually desired candidate can fill.