The counter I'd offer is that you should look through the eight criteria as they currently stand: http://www.uscis.gov/working-united-states/temporary-workers...
If you see obvious hacks for the Infosys types that we can close off, that'd be helpful to discuss here.
EDIT: And of course anything resembling a union is verboten among the powers that be in Silicon Valley.
I recently interviewed, and the guy was frightened when I told them I would probably not be at the same company in 5 years. Nope, I work night and day, but I'm burnt after 3 years on the same project, that's how it works. But in those 3 years, I bring the dev team from interns to a professional state, get a new UI out, and take some funding (well, at least I did it twice), and try to spread some values I deem good in the team.