I'm sure there is always going to abuse somewhere. The creation of the H visa was a compromise that arose out of a gap in the immigration system because jobs were going unfulfilled. I worked in a place like that, though we couldn't find accountants. Literally, openings would go unfulfilled for years. During the boom in the 90s, there was reportedly over half a million unemployed engineers, yet technology companies were scrambling for talent. That's why a large well-known Silicon Valley company was so desperate to hire my friend (who now runs his own business in NoCal, employing Americans), a guy who finished bottom of his class with a degree in basket-weaving.
Companies are going to go to where the talent is located. If the talent is cheaper overseas, that is where they are going to go. It's better to have them here. The economy is driven by technological innovation. Something like over half the PhDs in the sciences and mathematics in this country are awarded to foreigners. Supposedly, a third of all companies started in Silicon Valley are started by people who weren't born here. Large companies threatened to move when Congress hesitated on renewing the allocation of H visas because they rely heavily on talent from abroad.
After spending nearly nine years in it, I can say that without a doubt, the US immigration system is an archaic anachronism that needs to be reformed. It discourages talented people from coming here. We have to make it easier for people to come here, not harder. In a world where economic wealth is created by innovation and brainpower, and where talent is welcomed elsewhere, America looking inward and closing its borders is a recipe for stagnation and decline.
Our laws do not exist to benefit corporations or to fatten the wallets of corrupt government agents/congressmen/bureacrats. Our laws exist to make ALL of us US citizens have the opportunity to prosper.
Going overseas to get cheaper talent is short term thinking that has come to bite many who have done it in the ass. Some things can be well outsourced overseas and many others cannot. The long term interests of our nation are definately hurt as we educate our competition and neglect the advancement of our own citizens. But the duty of our lawmakers, according to the US Constitution, is to give all of us said opportunity, not just the wealthy few.
If a corporation can make more money for itself by offshoring and then selling its cheap products here in US markets then the laws need to be changed to remove this competitive advantage of removing jobs from the American people. Changes to the tax code to benefit those who employ Americans and to penalize those who evade quality controls, environmental regulations and labor safety standards would be just and well deserved.
Americans are finally starting to wake up to this crap that is going on, but when the proverbial shyte hits the fan in the next year or two we will have to put the corporate jini back in the bottle or our progeny will be enslaved to corporate debt and government taxes for the foreseeable future.