Learned in a stint at an immigration law firm, that H1B means you write a job description that only your candidate can fill. For example, if I wanted an airplane engineer who knew jumbo jets, I could get a thousand Americans for the job. If I needed a jumbo jet guy who also could work on Bleriot biplanes, that might be a lot less. If I also said he needed to be fluent in Mandarin and Farsi, I've just written an H1-B for my candidate. The key to success is making sure that only your guy can meet the job description that YOU create.
Had a friend who was H1-B, even though he was raised in the states...he never bothered for the green card, took the easy way through school, etc. Had a falling out with his boss, and the H1-B went "poof". This essentially American had to relocate to Europe, and when he didn't self deport, was excluded for five years. H1-B means your employer owns your ass.
Sadly, it is now a means to "on shore" a docile labor force.
this is laughably inaccurate, to the point where i question if you're actually a lawyer.
to satisfy the requirements for an H-1B, you have to show that the position you're filling 1) requires at minimum a bachelor's degree in a particular specialty, and 2) your candidate has at least that bachelor's degree, or the equivalent. the process is based on the actual, real position the company is filling, NOT the other way around as you've just described. the burden is on the employer to prove that the bona fide position is an H-1B specialty occupation. read INA 214(i)(3) and 22 CFR 655.700 to 655.855, if you haven't already (hint: if you were even touching H-1Bs as a lawyer, this is MANDATORY READING, especially the LCA provisions!).
what you've described is...not the H-1B process. it's what more unscrupulous companies try to do with the PERM Labor Certification process for a green card, where they inevitably run into, and get smacked down by, the U.S. Department of Labor.
so there's three possibilities here: a) you're not actually a lawyer, because you have NO IDEA what you are talking about; b) you're a lawyer, but your practice was poor to the point of outright malpractice; or c) you're a lawyer, you're lying about what you are doing, and you should give me your name now so i can report you for an ethics violation under the model rules and your state's bar's ethics rules.