Agreed. The list of major corporations outsourcing their 'IT' departments, grows daily. They even send their people to India to help during the transition. That genie is long out of the bottle.
There is a difference between outsourcing your IT department to people who are physically located in India, and actually bringing people from other countries here on H1B visas to replace your American workers here in the United States. The former, while regrettable, is clearly not illegal. The latter, though, totally goes against the intent of the H1B visa program.
The H1B visa program was designed to allow companies to bring highly skilled, specialized people to the United States to fill positions that equally qualified Americans could not be found to fill. It was designed to fill "holes" in the labor market. It was never designed as a way of allowing companies to dump their American employees and import cheaper replacements. What Disney, and companies like them, are doing pretty clearly violates the rules of the H1B visa program. The question is whether or not anything can be done about it.
Our federal government, unfortunately, is on a "bring as many immigrants in, as many ways as possible" kick. Half the politicians see potential voters in these immigrants, the other half sees benefits to their big business donors. Neither side has any motivation to fix the problem. So I don't see the government actually enforcing the H1B visa rules anytime soon. And while a civil suit might bring attention to the issue, the most likely outcome is that Disney simply settles with them and it goes away. If it does go to court, as I said above, I'm not certain that the former employees have legal standing to challenge how H1B visas are being used, so I'm not sure if their suit would go anywhere.
