4. Visa "limits" are vastly excessive & overly elastic.

The annual "limit" on H-1B visas, such as it is, is over 85K, not 65K.   Reporting it as 65K would be misleading.   It is broken down as follows, according to information obtained from the USCIS web site and the Congressional Research Service:
1,400nationals of Chile;
5,400nationals of Singapore;
20,000with master's and doctor's degrees from accredited US colleges and universities;
58,200with "bachelor's degrees or equivalent experience" from any hole-in-the-wall in the world;
unlimited visas for those employed by a "public or non-profit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency".
DoL compliance guide
But the numbers of new/initial applications approved each year exceed those numbers, according the the USCIS annual report
"Characteristics of Specialty Occupation Workers (H-1B)":
yearInitialrenewed +
extended
total
1999134,411nana
2000136,787120,853257,640
2001201,079130,127331,206
2002103,58493,953197,537
2003105,314112,026217,340
2004130,497156,921287,418
2005116,927150,204267,131
2006109,614161,367270,981
2007120,031161,413281,444
2008109,335166,917276,252
200986,300127,971214,271
201076,627116,363192,990
yearInitialrenewed +
extended
total

report (pdf)
FY2000 report (pdf)
FY2000 Characteristics (pdf)
FY2001 Characteristics (pdf)
H-1B FY2002 annual report (pdf)
FY2002 Characteristics (pdf)
H-1B FY2003 annual report (pdf)
FY2003 Characteristics (pdf)
H-1B FY2003 annual report(pdf)
USCIS article on H-1B caps (pdf)
H-1B 2004 annual report (pdf)
FY2004 Characteristics (pdf)
H-1B 2005 annual report (pdf)
FY2005 Characteristics (pdf)
FY2006 Characteristics (pdf)
FY2007 Characteristics (pdf)
FY2008 Characteristics (pdf)
FY2009 Characteristics (pdf)
FY2010 Characteristics (pdf)

(According to USCIS: Section 416(c)(1) of ACWIA (8 USC ยง 1184 notes) mandates a report "...of the numbers of aliens who were issued visas or otherwise provided non-immigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the preceding 3-month period".   Furthermore, as described in section 416(c)(3), this report "...shall include the number of aliens who were issued visas or otherwise provided non-immigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1) of the Immigration and Nationality Act (as added by section 415 of this title).")
 
The numbers of visas actually issued, OTOH, is what matters.   These numbers are available in the State Department's annual reports:
yearissued
199658,327
199780,547
199891,360
1999116,513
2000133,290
2001161,643
2002118,352
2003107,196
2004138,965
2005124,099
2006135,421
2007154,053
2008129,464
2009110,367
2010117,409
yearissued

DoS
FY2004-2008 pdf
FY2006 table 16A pdf, table 16B pdf
FY2007 table 16A pdf, table 16B pdf
FY2008 table16A pdf, table 16B pdf
FY2009 table 16A pdf, table 16B pdf
FY2010 table 16A pdf, table 16B pdf
Note: These numbers leave out visas issued after an initial rejection and subsequent successful appeal or waiver.   In some cases these amount to tens or hundreds of thousands of additional visas, and 26,802 more H-1B visas in FY2008.   This brings the actual total H-1B visas initially issued, renewed and extended in FY2008 up to 156,985.

For prospective H-1B workers already residing in the United States (on H-1B or other visas), USCIS updates the workers' visa status without involvement from State.

IMMACT1990 supposedly required H-1B applicants to have "specialized knowledge", though required no proof of such knowledge, while PL108-77 and PL108-78 required the H-1B1 visas set aside for those from Chile and Singapore to have "highly specialized knowledge", while requiring no proof of such knowledge, and allowed indefinite stays in the USA.

There are usually a few thousand unclaimed visas each year, primarily from the sub-categories set aside for Chile and Singapore.   USCIS says they roll these over, adding them to the 58,200 general allotment for the next year.

Hundreds of H-1B visas have gone to people without the equivalent of a US high school diploma, and thousands to those without the equivalent of a US bachelor's degree.
new H-1B visas by degree
yearno HS
diploma
HS<1 year
college
1+ year
college
Associate'stotal
200055428815812906962986
2001247895284137611813983
20021698061898496422655
20031488221226235342249
20041236901374214321803
2005107440773583631345
20069639254195177914
20077237442210215913
20088017419175195643
200910819033236262829
201014020124213161739
yearno HS
diploma
HS<1 year
college
1+ year
college
Associate'stotal

"Since 1999, the United States has approved enough H-1B visas for computer workers to fill 87% of net computer job growth over that period.   Since 1999, the United States has had a net loss of 76K engineering jobs.   Over the same time period, the United States has approved an average of 16K new H-1B visas each year for engineers.   If current employment trends continue and the H-1B quota remains unchanged, the United States will approve enough H-1B visas for computer workers to fill about 79% of the computer jobs it creates each year." --- 2008-06-15: John Miano

There was no shortage of talented US citizen STEM workers.

There is no shortage of talented US citizen STEM workers.

No credible evidence of impending shortage of talented US citizen STEM workers has been produced.

Neither this page, nor the opinions expressed or implied in it are endorsed by Michael Badnarik, Ron Paul, Bob Barr, Wayne Allyn Root, Warner Brothers, nor by my hosts, Kermit and Rateliff.
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