I would change the statement to 'The US Visa laws are broken'. Empirically H1-B demand is tied to the demand for highly skilled people. There have been years when it was allotted via lottery and there were years when the quota was not filled up.
The companies using H1 already pay a high penalty in terms of the very high fees, which is non refundable even if the visa is rejected. It is a source of revenue to the US govt