[mingfli]

I'm pretty sure you're conflating H-1Bs and Green Card applications. H-1Bs do not have this stipulation, and you're not required to put out ads for the position (like you do for green card labor certs).

The only stipulations for H-1Bs are that you work in a specialized field as described by USCIS, that you have the requisite degrees (and that the position requires those degrees), and that you're paid market salary. Whether the "market salary" describes the actual market is another issue, and should be enforced by the government.

[titomc]

You are right. In the case of LCAs, the employer do not have to prove that they did not find a qualified citizen worker.