In the strategic plan of 2006-2011 by Ms. Elaine L. Chao, DOL, pp.34-35, there is this surprising "Performance Goal 2H":
".... Foreign workers may be legally hired on a temporary or permanent basis when no American workers are available, able, willing and qualified, provided their employers file applications with the Department to adequately document the need.These conditions do not apply to foreign workers admitted on E-3 and H-1B1 visas. An E-3 or H-1B1 worker may be hired 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. These conditions do not apply to foreign workers admitted onH-1B visas, except with respect to job opportunities with H-1B dependent employers. H-1B non dependent employers are not subject to the conditions, and their H-1B workers may be hired 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. Additionally, the importation of the foreign worker will not adversely affect the wages and working conditions of U.S. workers. ".......
https://www.dol.gov/sites/default/files/StrategicPlan2006-2011.pdf