That is the requirement. The law applies standards to ensure that domestic workers aren't adversely impacted by the hiring of foreign workers. This includes putting essentially bogus ads in newspaper classifieds, and requires that they're paying the same to H1-B workers in the same role as a domestic worker, among other comical things.
The program has defacto evolved to one in which the US can tap into a skilled global labor market to increase competition for roles, without paying too much attention to the actual legal requirements.
Sources:
(Like many here, I've written a few H1-B role requisition documents - which are often designed to be so ludicrously specific that it would be almost impossible to find anyone to fill that role, save for the one person applying for the visa)
The program has defacto evolved to one in which the US can tap into a skilled global labor market to increase competition for roles, without paying too much attention to the actual legal requirements.
Sources:
(Like many here, I've written a few H1-B role requisition documents - which are often designed to be so ludicrously specific that it would be almost impossible to find anyone to fill that role, save for the one person applying for the visa)
[0] https://www.dol.gov/agencies/whd/immigration/h1b
[1] https://www.boundless.com/immigration-resources/the-h-1b-vis...