Let me highlight something I found in the data as an example of how this is nothing more than a gamed system that has nothing to do with Americans not being available to fill jobs:
Nested in the available data are several records for "Associate Data Scientist" and "Senior Data Scientist", meaning that the employer advertised the job as a role with this name.
(By the way, these visas were APPROVED!)
They then have listed as the category for the visa job role "Operations Research Analysts" for the Associate, and then "Computer Occupations, All Other" for the Senior Data Scientist role. Interesting how two jobs which sound very similar have completely different classifications for the same company, huh?
The best part: The prevailing wage listed for the "Associate Data Scientist" is $48,901 and the "Senior Data Scientist" is $61,110, because those wages are dictated by the bucket they are placed in.
The actual wages which were payed for these roles was $80k and $70K, respectively.
These rates are so far below market value it's ridiculous.
The point is that the law is supposed to be in place so that companies can get workers when Americans aren't available, but the reality is that they simply allow companies to refuse to pay the market rate.
The employer in question is Walmart, in case you are wondering.