So how would it apply to contracting companies? How does it apply to offshore? Seems to me we have loopholes here.
The form of employment, ie Full Time, Part Time or Contract are all legit and are not really relevant.
The relevant issues for the H1B Visa are
1) A unique job position with unique job requirements critical to the function of the hiring company.
2) Inability to recruit a qualified American worker
3) Does not displace existing American workers
4) Granting the Visa is in the interests of the United Sates and does not have negative consequence for the country or it's National Security.
The issue here is that H1B visas are being cut for generic, non unique jobs that are not critical to the function of the company and are being given to foreign nationals with non unique job skills for which there are plenty of qualified Americans available to fill the job slots.
In many cases, these Americans are unemployed or worse, they are Americans are already employed by a company intending to replace their existing American citizen work force with cheaper H1B labor - with the current American employees being coerced to provide on the job training to the new H1B job hires that are replacing the higher paid American workers with their lower cost foreign wages.