If he hadn't come here illegally, he wouldn't be in this position.
Don't forget the fact that it is (certain) Americans who keep hiring them because they are cheap labor.
If greedy businesses would pay a decent living wage ($12+ an hour), instead of lowballing all the time, they would have all the legal employees they want. But they are always trying to cut corners to squeeze out a few extra pennies of profit. And so Jose gets the job while Joseph keeps looking for work.