Microsoft or any company already supposed to have to show a genuine need before going to an H1B worker. That means that you have exhausted other possibilities. These companies all use the same stupid trick to show a need: create an unbelievably narrow job description that almost literally cannot be filled, and advertise that job domestically, and then create a reasonable job description, and advertise that internationally. Same job. Then use the lack of qualified resumes from the domestic advert, and the wealth of resumes from the foreign advert, as the basis for importing an H1B worker.
That's shady. If they're doing that then they should be called on it and heavily fined and/or have their H1B visa rights revoked. That said, I'm not even sure I agree with the requirement that employers demonstrate a need. Given that it's the law, though, they should be held to it.
The H1B program facilitates labor arbitrage, where lightly experienced foreign IT workers are repackaged as high-priced experts and sold for high-rates to American companies. The companies in the middle sprinkle some domestic management and technical resources, and reap large economic benefits that are economically unjustified.
I'd say the program empowers companies to be dumb in that particular way, i.e. hiring people who aren't qualified, but I'm not sure that dumbness is inherently baked into the program. One can imagine a company that actually vets its hires properly and only hires people who are actually qualified.
With the caveat that I'm not an expert on H1B, my gripe with the program is that encourages people to live and work in the U.S. temporarily as opposed to permanently. What I'd like to see is an immigration policy that actively courts and keeps highly educated and capable people who want to live and work in the U.S. permanently. Skimming the world's best and brightest can only help the U.S. in the long-term.