Also, tech workers uses computers and do have free movement by remoting. Managers typically don't allow it. Economically, that's a heck of a lot of power.
Anyway, I'm pretty content with the current status of H1B in spirit. This company obviously didn't attempt to find domestic labor before using H1B, so they are in violation of the agreement. I think the employee(s) responsible should stand trial to see if the loopholes are indeed lawful. If not, I think they should be fined or imprisoned, whatever the law allows. I think they should lose all H1B privileges for 2 years and all of their current H1B's should be allowed to move to another US company. Non of that will never happen though.
It's only fair, you and I would face trial for shoplifting a $1 candy bar, something paid for by taxpayers that directly benefits corporations through determent, among other things.
http://www.npr.org/2012/11/15/165218744/busted-what-happens-...
In the case of foreign workers in the U.S., labor protections and laws apply (except perhaps some employment mobility in some industries), and the employees involved pay taxes into the U.S. (without representation, I might add). So I don't see those as being the same situation, even if the final underlying cause (severe wealth disparity among nations due to historical reasons) is the same.