I'm arguing that there is in fact no preference for H1-Bs over American workers, at least for software engineers. Facebook wants to hire anyone who passes its interview process.
Facebook doesn't prefer H1-B's over American workers. This suit isn't about Facebook hiring H1-B's over American workers. It is about Facebook not properly advertising the jobs of H1-B's they have already hired to American workers. It is pretty obvious that you'd rather keep a worker that has already worked for you for many years over hiring a new guy who would need to get up to speed etc, even if they cost the same.
Indeed, H1B holders might have less negotiation leverage. That’s a real problem but not really what we’re discussing.