You seem to misunderstand the proposal. The proposal is that after they have done everything that is already legally required (advertise an open position for some amount of time etc), then they must amend the posting to include that the position is filled by an internal/external/H-1B hire. There is still a period of time when the position is advertised as open.
I use to work for a company that got around this by posting the job ad physically outside our offices doors. We were 5 stories in a WeWork space. Probably illegal but I doubt the company cared.
Which is still "broken" since the position was never really open in the first place - it's still a ghost listing, as the position was always going to an internal hire or H1b or whatever.
