If this is overwhelming behavior, Department of Labor can crack down on the company for not paying the "prevailing" wage. If the offers do tend to be around the bottom of the band, but there's also a good supply of non-immigrant employees working at the bottom of the band then yeah, the company will have an easy argument saying the prevailing wage is closer to the bottom of the band.
> Department of Labor can crack down on the company for not paying the "prevailing" wage.
That is technically true, but effectively impossible. The DoL simply does not pursue H1B abuses. They do not have the political will nor the budget to even look for them.
There is literally zero budget allocated to "prevailing wage" enforcement. That is a deliberate oversight by congress and has been that way for the 20+ years I've been observing the H1B process. To the best of my knowledge the DoL has only twice ever initiated action for H1B prevailing wage violations and in both cases it was the result of a disgruntled employee tipping them off to a series of violations that were so egregious that the political fallout of ignoring them would have gotten senior bureaucrats fired.
You might also want to read up on how classifications are gamed in order to work around even the very minor risk of prevailing wage violations.
