But that is just another way of stating the real problem here: the H1-B program isn't used to hire exceptional talent that cannot be found locally. It is currently used to hire rather typical talent at an exceptional discount.

""" Recruitment efforts: The H1B dependent employer must also attest to making good faith attempts to recruit US workers and offering prevailing wages for this position. When hiring an H1B worker, it is important for employers to recognize the attendant responsibilities that they must shoulder. Although the requirements are not excessively burdensome, the employer is required to maintain some paperwork to demonstrate its compliance with the law. A clear understanding and fulfillment of these requirements will minimize possible civil penalties and ensure that the employer will be permitted to petition for future H1B workers """

http://www.h1base.com/content/h1bvisarequirements """ The requirements to qualify for an H1B visa are:

You must have ONE of the following

1) A Bachelor's degree or Masters Degree (or the foreign equivalent degree from your Country), OR

2) 12 years work experience, OR

3) A mix of further education + work experience

The general H1B visa qualification rule is: - for every 1 year of studies at University / College = 3 points - for every 1 year of work experience = 1 point

12 points in 'total' are required to qualify for the H1B visa program """

If you read the legislative history, that is, the testimony and claims of lobbyists, the floor debate, the PR releases, the statements made by congressional representatives, and so forth, I do think it's overwhelmingly clear that this legislation was presented and sold as a program to bring highly skilled, highly paid workers into the US who were supplementing rather than replacing the existing US workforce.

There is also language in the legislation that displacement of American workers is disallowed.

It's pretty clearly meant to be for companies to hire very skilled talent for which there is no American source.