Yeah that's worked out so well in high-tech for the past twenty years, there's no way an employer can fake "actively trying".
You've got that right. Indians have completely taken over. Once they get a foothold in management and hiring practices, it's all over for Americans in that entity. I've been in IT for 30 years and I've seen Americans pushed out to such a degree that any IT group looks like it's operating in Bangalore.
How does this happen with laws that stipulate hiring citizens first? Easy - the foreign workers get a toehold in hiring decisions, then a foothold, and keep expanding by ignoring laws and discriminating against hiring Americans. They don't give a hoot about our laws, all they care about is taking over our jobs and diminishing any influence from outside of their ranks. They know how to game any government system (immigration, welfare, healthcare, taxing, and hiring). If anyone raises a concern, they are labeled xenophobic, bigoted, and racist.
We live in banana republic because the Rats want a permanent majority voting block of underclass dependents so they can rule over the producers in society. We're well past the tipping point. All it will take is one more straw on the backs of producers (like Obamacareless kicking in) before the SHTF.