The fact is that U.S. employers must agree to pay H-1B workers the market wages according to the regulation. And they must pay a minimum of about $1700 filing fee to petition an H-1B worker ($750 additional if they have more than 25 employees), not to mention legal fees and other administrative costs. For employers who have 50 or more employees and of which more than 50% are in H-1B or L status, they must pay an additional fee $4000 when filing for an employee for the first time. They must also agree to pay for the return transportation if an H-1B worker's employment is terminated prematurely, and to allow government officials to visit the job site at will. Would employers be willing to pay all these fees and go through all this trouble of hiring an H-1B worker if they could find a qualified, ready, able and willing U.S. worker?
It is also a fact that America as a whole is falling behind in STEM education, according to various reports and studies. While we are trying to catch up in STEM education, our employers especially those in technology fields cannot afford to wait. Just ask Bill Gates and Mark Zuckerburg. To them, the H-1B program is not a luxury but a necessity. It is also no secret that American companies prefer consultants over salaried employees in recent years for various reasons - costs control, flexibility, expertise, etc. Consequently, to meet this demand many H-1B professionals play the role of consultants in U.S. companies.
Yes there are incidences where employers do abuse the visa program at the expense of American workers, but these employers are going to such things regardless of the program. Are we going to chop down the tree just because of a few bad apples? Any study or review of the program should be based on facts and data rather than political motivation.