There might be a few times where the H-1B visa is needed but the program needs to be heavily re-organized.
I suggest that:
A employer must show that the position has been open for a minimum of 1 year, that they have been actively looking for individuals to fill the position, and that they have not laid-off or fired (unless it is for cause such as criminal behavior) any similarly qualified employee anywhere in the company for a minimum of two years.
The approach to enforcement must recognize that using the H-1B visa is a privilege and it is the responsibility of the employer to show they have met both the letter of the law and the intent of the law.
Any employer found to violated the rules will lose the visa immediately and, be fined a minimum of five times the one year salary of the laid off employee or ten times the salary of the employee on the H-1B visa, whichever is larger.
The employer will be ineligible for another H-1B visa for a minimum of 10 years.
What do you think?
Good solution but never going to happen.
Trusting the corrupt government is how we got here.