That is the exact argument against the H-1B re: "highly skilled" requirement. Code monkeys (as distinct from devs) are a very different fish, but DC doesn't know the difference

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.