That's not necessarily true. In determining priority categories, Congress is free to delegate that power to USCIS, the Secretary of Labor or another official or agency.
It's worth nothing that all H1Bs are technically priority occupations. Part of the process is to receive a labor certification that demonstrates you, as an employer, were unable to fill the position with a US citizen or permanent resident.
That itself is a whole can of worms because the system is heavily gamed to ensure that many such positions remain technically unfulfillable locally. For example, advertising such jobs where people are unlikely to find them and apply for them (eg in newspapers).
Now for big tech jobs, that need is genuine. For the body shops, it isn't. Despite attempts in the system to ensure such jobs are paid a fair market wage, they are not. The only people who take them are those Indian nationals who are so desperate to emigrate to the United States that they are willing to endure pseudo-indentured servitude for possibly decades if they and their family can have a better life.
That's a noble goal to be sure but we shouldn't enable employers to take advantage of them so. Even worse, in doing so, they're costing genuinely good jobs in big tech because of the lottery system.
It's worth nothing that all H1Bs are technically priority occupations. Part of the process is to receive a labor certification that demonstrates you, as an employer, were unable to fill the position with a US citizen or permanent resident.
That itself is a whole can of worms because the system is heavily gamed to ensure that many such positions remain technically unfulfillable locally. For example, advertising such jobs where people are unlikely to find them and apply for them (eg in newspapers).
Now for big tech jobs, that need is genuine. For the body shops, it isn't. Despite attempts in the system to ensure such jobs are paid a fair market wage, they are not. The only people who take them are those Indian nationals who are so desperate to emigrate to the United States that they are willing to endure pseudo-indentured servitude for possibly decades if they and their family can have a better life.
That's a noble goal to be sure but we shouldn't enable employers to take advantage of them so. Even worse, in doing so, they're costing genuinely good jobs in big tech because of the lottery system.