I don't see it as unfair; I'd almost assert that to stay within compliance of the process the applying company must show proof that one or more US Citizens were

I don't see it as unfair; I'd almost assert that to stay within compliance of the process the applying company must show proof that one or more US Citizens were offered the job and are willing to attest that the salary is market competitive. Essentially I don't think the program is very well policed / regulated.