At present an employer needs to show that they are hiring a foreign national because "no other qualified" American was available for that job. The documents must support the claim that a company would have hired an American worked but none was available and the foreign worked is more qualified to take the job. Agreed it does address the issue when for a lower skill requirement a better skilled foreign worker is hired. A lot of companies would want to hire a person with enhanced skill sets so that they can use the employee for other tasks as well. Such employments may now be affected.
A bigger problem that these senators need to address is - "Why aren't there so many US national's available in the Skill set?". It is not that big companies are interested in only hiring workers on H1-B. They would want to hire Americans but how many go for technical studies. The demand for H1B is not by McDonalds or Taco Bell, it is by Intel, Microsoft etc who cannot find enough "skilled" American workers. Agreed many Americans are good and they find the jobs as well. No one is stealing their jobs, just that those who complain cannot get "these" jobs anyway. Due to globalization, it also makes sense to hire an Indian or Chinese if they are handling operations in India or China, respectively.
There is a problem though, the so called consultants (both in India and US) whose sole aim is to hire H1Bs. They cannot exploit American workers and pray on H1B workers. Eradicate them, problem solved.
