You are building up hypotheses and theories in your head that have no basis in reality. There is no requirement that a job is opened up to H-1B if a citizen cannot do it. That does not exist. You are starting with this flawed assumption and then reaching some absurd conclusions. H-1B exists because it is nice to have and provides positive value. The fact that it may displace other citizens' jobs is fine too and permitted by the statute. Uber doesn't exist because no capable taxi drivers could ride a cab. Your grievance stems from a flawed premise. You wish there were protectionism, but there is no protectionism in the law. So again, talk to Congress. And Congress knows very well how to do protectionism. See Jones Act.