On an intellectual level, I guess the distinction is in how you define "highly skilled" workers. Are all software engineers considered highly skilled? Or is there a distinction between a general engineer and someone who has experience and expertise in a specific subfield such as mobile development or infrastructure?
My way of thinking about it is with the latter. I would think that the DoJ is not happy with the idea of Facebook jumping through a bunch of hoops (mentioned as making positions invisible on their career site and requiring an application via physical mail while rejecting any U.S. candidates) to guarantee a work visa for someone to do specialized work that the company supposedly couldn't find any qualified Americans for when the person they hired doesn't even know what type of work they'll be doing or what team they'll be joining until after they go through 5-10 weeks of bootcamp, and which may end up not even aligning with their specialization.
Given that new hire engineers at Facebook sign an offer letter and are officially employed while they go through bootcamp before the whole team matching process, I don't think it's possible for someone to not get matched to a team, at worst they would get assigned to a random team with headcount at some point, which would really raise the chances of that person not working in their specialty.
If this assumption is true, the DoJ would definitely not be happy that Facebook was supposedly not able to find a qualified citizen/green card holder to do this job, but the new hire on a visa may not be qualified to do it either and there were most likely citizens/green card holders applicants who actually do have experience in that area of work.
Sorry if this is a bit ramble-y, I'm fairly new to HN.
The interesting thing is how difficult it is to understand the specific goal(s) of legislation. It depends on who you ask.
Edit: Probably a better thing to say is - even if I was using org chart wrong, I don't see how it would make a difference. Hiring N people that fit a set of requirements is seeking to fill N positions.
[1] https://en.wikipedia.org/wiki/Organizational_chart has examples of both. You could imagine the organization chart of Tabulating Machine Co. including headcounts for each division.
That, to me, sounds like a place on the org chart. Like you have a division or a subsidiary and they have X engineers. Those engineers could be placed with more detail, but they're still inside the organization.
If you're hiring janitors aren't they still janitors even if you don't know what building they will clean?
I feel like I am totally missing the point that people are trying to make and I apologize for being obtuse.