Assume the courts do not strike this down (perhaps they will?).
Will foreigners still be hired at the entry level with an extra 100k surcharge? I would think not,as university budgets are tight these days. I presume there is some way to turn them down legally, without courting discrimination lawsuits?
What if you ask them to accept a lower starting wage? A different deal in some other manner, such as no summer money or a higher teaching load? Is that legal? Will schools have the stomach to even try? I would guess not. Is there a way to amortize the 100k over five or six years? What if the new hire leaves the institution in year three of the deal?
In economics at least, a pretty high percentage of the graduate students at top institutions do not have green cards or citizenships.
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University of Wisconsin Madison h1-b data.