Except that it’s totally illegal when Americans are unemployed.
“Rosenthal details several cases where major tech companies have been caught bypassing domestic talent in favor of cheaper foreign labor, which is what our visa programs were written to do (it is legal to hire a foreign worker “even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of the foreign worker.”).”
No it isn’t.
That is a common misconception.
Title 8 clearly states that no foreign worker can even enter the US for skilled or unskilled work if doing so “adversely affects the wages or working conditions of Americans similarly employed”. Anyone engaging in such behavior is guilty of visa fraud – a federal crime.
The myth that replacement is ok or even legal must be eliminated. It has no basis in US law.
(G) Foreign government officials who have committed particularly severe violations of religious freedom
Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22, is inadmissible.
(B) Terrorist activities
(i) In generalAny alien who—
has engaged in a terrorist activity;
(D) Immigrant membership in totalitarian party
Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.
(E) Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.
(5) Labor certification and qualifications for certain immigrants
(i) In general
Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that—
there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and