Employers already need to prove that they can’t hire an American to do the job.
Several FANGa companies have gotten in trouble for advertising in uncommon places like newspapers for jobs that also aren’t listed on their careers page in order to avoid qualified American applicants from applying in order to get approval for green cards or H1b
This is easily subverted when the "proof" is conducting a subjective interview.
Very loose definition of "prove". I would guess that there are many on HN who are overqualified for any H1B job and would take it for the right money. The talent is here, they just want to pay less.
they do all the time, with all kinds of tricks that misrepresent reality. the H1B system is a scam.
This is false for H-1B - there is no "labor market test". Such a test is required for the PERM process in which an H-1B visa holder would seek a green card through their employer, although the definition of "prove" is up for debate [2].
[1] https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit... [2] https://www.propublica.org/article/trump-immigration-h1b-vis...