Here is my modest proposal for how to handle the H1B issue.
In order to hire an H1B worker, you have to post a significant bond. The worker arrives and has a fixed number of years in the USA. Once the worker arrives, the worker has absolutely no legal obligation to the hiring company.
In other words rather than ask companies to swear up and down that they can't find American workers, while they have every incentive to lie, make the company prove with its actions that there are no Americans available. And rather than believe the company when it says that they are paying the market rate, let it prove it by paying the worker enough that the worker does not immediately jump ship to a competitor who will pay the prevailing market rate.
Of course nobody wants to see a system like that, because the current system is all about getting companies cheap labor while hypocritically pretending that this isn't what the system is about.
In order to hire an H1B worker, you have to post a significant bond. The worker arrives and has a fixed number of years in the USA. Once the worker arrives, the worker has absolutely no legal obligation to the hiring company.
In other words rather than ask companies to swear up and down that they can't find American workers, while they have every incentive to lie, make the company prove with its actions that there are no Americans available. And rather than believe the company when it says that they are paying the market rate, let it prove it by paying the worker enough that the worker does not immediately jump ship to a competitor who will pay the prevailing market rate.
Of course nobody wants to see a system like that, because the current system is all about getting companies cheap labor while hypocritically pretending that this isn't what the system is about.