Rare skillset or outstanding talent can be interpreted at different levels in so far as how strong an statement that is. As a percentage of the population, software engineers have a rare skillset, and there is no employment crisis in the field that requires protectionist measures to keep people with said skillset from mass unemployment. The system you are proposing would end with companies having to hire significantly over 25% of their workforce locally. That's not "favoring skilled U.S. workers over lower skilled workers from abroad", that is "restricting our talent pool to 5% of the world population for the most part". You might chose to legislate it thus if you wish, but you would be doing so at your peril.

Don't get me wrong, I don't think the system should incentive not hiring Americans because they can resign with more ease, that is absurd. But on the other hand, I don't think the U.S. really benefits over the long run of having a system where the talent market is strongly distorted by citizenship. Let me put it another way, would you think it is a good idea, if it were legal to do so, if California passed a law saying people born out of state should only be able to work here at 75th percentile overall wage for their occupation?

That's not what rare means rare is not the average SE

I am not sure why those people can't be served by normal visas which don't tie you to your employer at risk of deportation for not agreeing to their every demand.

Which normal visas would those be? H-1B is the normal work visa for everyone not coming from Mexico or Canada.

By that I mean non 'work' visa---the regular visa lottery system, L1 and L2 visa holders, and everyone who would fall in the E2, E3, E4 visa category for having <= 5 years of experience.

And added on that temporary work permit that'd be suitable for contractors.

The USA issues over 3 million visas under which work is permitted per year, so I wonder why isn't there room in the existing legislative framework to accommodate skilled workers without having them be given H1-B.

> I am not sure why those people can't be served by normal visas

What are the names of those "normal visas"?

Do you even know how the system works?

What the problem? You want the companies to pay more just because the person is American? No wonder a lot of jobs outsourced. If you can even compete with foreign works, maybe you should move to a developing country since you are so incompetent