Creating fake jobs, falsifying documents, charging money to the people that were applying for visas, "parking" those visas with no paid wages and using those unpaid visa beneficiaries to undercut other firms...
I don't think there's a circumstance in any country in which those actions wouldn't be labeled as "fraud".
And that said, you should really read the article before you make claims like that considering he's a prime example of how far someone would go to abuse employees without recourse.
This not about any of the other actions of “protectionist policy” that you mention.
You cannot do fake job postings in order to bench someone and call it “work around” in order to not call it a fraud and put it in a good light. The overall issue of h1b visa and foreign worker policy is highly nuanced and beyond what can be discussed in HN comments.
To reiterate- I am in support of easier migration of skilled workers than what is done today. But abuse of it (and a stark case at that) is something that harms other skilled workers looking to come in a legit way.