You're reading too much into it. It's a case of bad UX. The jobs do not exist. The actual job application/interview etc. happened years ago, when it did exist, and everyone, including locals, had the same shot at it. When the job existed, someone was hired for it, and it happened to be someone on a visa. In order to keep that person employed in this job and get them a green card, the government requires that the job be advertised again afresh. It's a non-sensical requirement that was added because some politican or lobbyist asked for it. The natural way to add protectionism to this model would have been to add it at the outset, but that clearly wouldn't work for the economy. So a compromise was engineered. Companies can hire anyone generally as long as they are, in principle, temporary. When it comes to keeping them permanently, the government requires that they do this charade of posting ads again and doing a market test etc.