Both Rick Santorum and Scott Walker have expressed the desire to protect American workers. That would include enforcing laws against illegal immigration as well as allowing H-1B visas only in cases where there are insufficient numbers of qualified American workers.
There is no "controlling legal authority". It is sham scam run on the"honor" system.
to qualify you have to advertise for the job. The qualifications are so convoluted and out of date that no modern person would be qualified for such a private sector job.
(ie 8 inch floppy data retrieval. Writing windows applications in fortran/basic/cobol or other obsolete language)
H1B is just code for “we want to pay less”. This should not be confused with agricultural temp visas.