You could say that the H-1B Visas provide for an "open" market where US companies have the opportunity to employ foreigners to do some technical jobs. But when that employment comes at the expense of US workers, the topic becomes way too hot for politicians. If you read between the lines, this Disney case may be more about displacement than replacement. Which raises (perhaps more troubling) question of whether Disney will find an impartial jury or will simply be the subject of a legal mugging. Stay tuned!