Where are you getting your information from? Do you have a link where it says H1B employees are more expensive than native workers. Also, the $10,000 in legal fees and costs sounds very fishy. This is because most of these companies have legal teams that process these papers for them. I doubt they would pay that much for one employee in legal fees. But again, I reserve judgement until I see your links.
Sure. Here's some data links. IT H-1B workers
earn more than similarly skilled Americans, and H-1B engineers are paid
$5,000 more a year than American born. And for the legal costs, compliance costs with regulations prior to hiring an H-1B can cost a firm
$10,000, filing and other
fees can cost additional thousands of dollars, and
legal fees are steep. While some companies have internal legal departments, most visa processing is outsourced to firms with immigration and visa specialization. Even were a company to utilize an internal legal department, those departments are not free. How many attorneys, legal staff, office space, overhead etc. Even were a company to get as many as 20 H-1Bs a year, allocating the legal costs of a legal department is still very large.
You offer doubt as to why an employer would pay more for specialized talent, but the question is inherently silly. All workers are not identical. The more specialized the position, the more an employer is willing to pay extra for talent. Businesses pay more for specialized talent all the time as routine. Sure for mundane activities like assembling papers, filing, prepping stock ingredients, it may not be cost effective to pay extra for specialized talent. But the more specialized the field and more important to the business' advancement, they will pay top dollar. For instance, companies routinely pay up to $50,000 to high end headhunters and recruiters to find high level executive talent. They pay high level executives 9 figure salaries when they could certainly find executive workers willing to work for a fraction of that. Why would a company pay $600 an hour for a lawyer, when they can certainly find a plethora of lawyers willing to work for $150 per hour. It is because they want the specialized talent. For defense of routine $60,000 injury case, they will find a firm that will bill $120 an hour. For an intellectual property suit that may be worth lots to the company's future, they will pay the $600 an hour or more. It is silly to think that a company that relies on its technical innovation for success would
not pay extra to recruit high level engineering talent.