The search for a qualified citizen is a sham process. Why shouldn't it be eliminated?

Make the incentives align with the priority, is what OP was getting at.

I'm with OP. Make it crazy expensive and let the employee quit if they want. Employers will immediately build the 'search for qualified citizens' into the process themselves.

I agree the current process is broken. I disagree that you don't replace it with something workable. Like many govt regulations, it's several decades out of date. Heck, a simple "I submit under the penalty of perjury that at least 10 US permanent residents have had good faith interviews for this position." type submission would be sufficient for me. HR people aren't going to want to commit a felony for their company, so the scams are going to go way down.