But lots of established SW companies use contracting companies that abuse the visa process. I should have been more clear, it's these contracting companies (usually based out of India) that are abusing the process. US companies that use them are pretty much complicit:

http://www.vocativ.com/money/business/theyll-sponsor-america...

http://www.infoworld.com/article/3004501/h1b/proof-that-h-1b...

http://www.sfchronicle.com/business/article/Chasing-dreams-a...

http://www.epi.org/blog/new-data-infosys-tata-abuse-h-1b-pro...