[SoConPubbie]

There is no factual record because there were no proceedings in a lower court to establish a factual record.

Sorry, not true. We may not be talking about the same thing here.

From SHASHIKANT PATEL, Plaintiff-Appellant, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES:

Factual Background
In October 2006, Deluxe Inn, a motel in Lansing, Michigan, filed a Form 9089 with the Department of Labor on Patel’s behalf. In that application, Deluxe Inn claimed that it was offering Patel a position as a lodging manager at an hourly wage of $22.28, or $46,342 per year, that it had advertised the position previously through a notice in two issues of a local newspaper, but that no qualified American workers had applied for the job.

[AndyJackson]

Your ignorance is on full display.