> This is why one of the requirements is that you must have interviewed US persons first.

This is generally not a requirement for an H-1B. https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit...

Reading through that I stand corrected. Thank you for sharing a link.

At the same time, if a US person applies and is similarly qualified, they must be offered the job.

Which is trivially abuseable by offering substantially less for the H-1B position. I'm not sure if there's an easy policy solution for that.

There are 85,000 visas emitted every year. Such measure isn't consistently enforceable as you can't really investigate each visa. As a result, it will be considered by the main offenders as a cost of doing business spread out across thousands of applications.

> Such measure isn't consistently enforceable as you can't really investigate each visa

You don't have to look at every single one lying on government forms is fraud start putting at the company who signed off and the person brought over (before they are deported) in jail for a couple of years and people will clean up their act real quick.

- You need to have a clear way of defining liability, otherwise companies will lawfare. For instance "you could have hired someone else in the US" is impossible to really prove or disprove.

- Jailing a foreigner before sending him back to his country for an administrative offense is somehow a big waste of public money.

- A very hard punishment still requires to consistently catch offenders, otherwise it will slowly become hypothetic.

I believe they were suggesting jailing the US hiring manager, not the foreign worker.

> "and the person brought over (before they are deported) in jail"

I think that it is very clear what was meant here.

You're right! I skimmed that one too fast.