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And it would be absurd if they could not.
Also, in some cases, employers should be able to discriminate, it's totally different to hire someone on an n-month visa vs full time.
Granted, it's different if they are Green Card.
It's also perfectly normal to want to hire locals, if it can be done on a national basis, then I think for some roles, state ought to be fine as well. If state governments had a state preference for in-state nationals, that would be fine, for example.
The issue here is by far and away mostly one of transparency and efficiency - the rules should be clear and the bureaucracy should just function normally.
The fact that anything takes months, or that you need lawyers etc is a sign of dysfunction.
It should be about as complicated as getting a prescription. 'One trip to an office and done'.
For those seemingly not believing this, read: [1]https://www.avvo.com/legal-answers/can-a-company-refuse-to-c...
So it's a decision between violating the law and acting unethically?
It's totally unreasonable to suggest that companies should have to hire random people from nation xyz only to have to sponsor their impossible work visas.
And I say this as someone who was on work status for a very long time.
Clarity, consistency, simplicity, predictability - this is what people want.
Because 'discriminating against people of other ethnicities' is kind of as old as time, the issue triggers our empathy radar a bit, which is reasonable, but in reality what would be 'the most fair to everyone' is just clear rules, and very light but important anti-discrimination aka can't discriminate on age, race, gender religion aka the basics.
So, yes, they could hire a citizen, but then they probably wouldn't be able to do the job they were hired for.
This is based on my experience in working with good immigrant coders who got the job over about equally capable locals, but more cheaply. The immigrants (mostly Indian and Chinese) tended to have weaker English communication skills but stronger work ethics.
There's obviously some degree of reality to it, but the equilibrium doesn't always work that way, and, shifting it would require sometimes a decade, and integration with other parts of the supply chain, like literally opening / expanding new schools, training programs, certification, convincing young people before they even select a college major - etc.
It's a very different equation for specialized work than for unskilled labour.
And should add - communication skills matter a lot, and I don't mean just 'vocabulary'.
I've hired tons of teams from India and it's often really hard, the cultural gaps are huge.
There's a reason that almost zero startups on limited budgets 'go to China or India' to hire.
Big budget and small budget films immediately choose lower wage centres to produce films, but it's not the same for certain skilled work.
And yes, 'funny accents' can cause people's otherwise great work to be overlooked, or for them to be devalued, obviously that one is as old as time.
The entire Silicon Valley would not exist were it not for immigrants behind he scenes, obviously, and speaking from direct experience there as well.
Nobody has 20 years of React experience, of course, but that doesn't stop people from listing this as a requirement - or a pre-selected group of people on the other end from asserting this experience.