> ... but tech companies behavior ranges from being nationality-blind (i.e. hiring "the best" interviewer), to actively hiding opportunities from American job-seekers.

The later is specifically called out for an EEOC discrimination. https://www.eeoc.gov/national-origin-discrimination

> National origin discrimination can include preferring foreign workers, including workers with a particular visa status, over American workers.

> ...

> National origin-related disparate treatment in hiring related to job advertisement also can include an employer making it more difficult for applicants from one national origin to apply for positions (for example, subjecting U.S. workers to more laborious application methods than H-1B visa holders during the PERM labor certification process).

Part of the challenge here is that the EEOC tends to not be funded well and is limited to acting on tips rather than being able to investigate or audit.

And they do act... https://www.eeoc.gov/newsroom/eeoc-sues-sibitalent-h-1b-visa... for example...

Though note:

> The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination.

And if this is important...

https://cwc.org/CWC/CWC/Updates/2026/Partial-Spending-Deal-W...

> Congressional negotiators have reached a bipartisan deal to fund the EEOC at $435.4 million for fiscal year 2026. The funding level is the same as that requested by the White House, but nearly $20 million (4.3%) less than last year’s budget.

And the funding and staffing by year: https://www.eeoc.gov/eeoc-budget-and-staffing-history-1980-p...