http://www.orlandosentinel.com/business/brinkmann-on-busines...
H1B applier must certify no current American employees harmed by the visa. But that isn't transitive from the outsourcer to Disney. :(
This end-run with the outsourcers is a particularly egregious perversion of the law because they're bringing H1Bs with the intent to fire and replace Americans. There's also an angle of age-ism where they are firing older IT professionals in their 40s, 50s, 60s who have accrued higher pay-grades , and replacing them with less productive but much less costly young foreigners. Only losers are employees who need quality IT help, but who cares about that.
Over time, companies have figured out ways to use intermediaries and others means work around the legal controls to exploit immigrant labor.
If you work in the technology industry, this should concern you, as allowing organizations to do this sort of thing is ultimately reducing your compensation. If you don't believe me, look at the salaries & benefits (which are often public record) at regulated or government organizations that require US citizen labor. Line employees tend to make more in those environments.
HCL and Cognizant likely already had a pool of employees with valid H1-Bs ready to be deployed at vendor's location. As those workers were new to HCL and Cognizant, it's likely that no HCL and Cognizant employees were harmed.
Disney outsourced the contract, and HCL and Cognizant emerged as the highest bidder. To go after Disney you'd have to prove that it's somehow illegal to use third-party vendors for parts of the operation.