I see your point. Yes for those born in countries with traditionally high immigration rates the system is broken. Even if an employer can demonstrate they need to retain a particular person if this employer later needs to terminate the employee for unrelated reasons you are screwed.
I think the H-1B to EB-2 and EB-1 process should be improved to not be subject to immigration rates.
The majority of H-1 workers (in my experience as a former H-1 worker) went to university in the US and then transition to H-1B. They have the same salary expectations as their American peers and get the same offers.
Maybe this salary injustice exists for H-1Bs being hired from abroad, but it doesn't exist initially for most H-1Bs when entering the job market. Of course 2 years into the job is a different story because H-1Bs have less negotiation power to seek out other jobs and get good retention offers etc
As a Former H-1B holder I'm really surprised how few people think about the intention of the program: A temporary worker program to bring highly skilled labor into the country (or allow them to stay longer) (temporarily) as demonstrated by the needs of a specific employer.
Let's not pretend there is some huge injustice here. This is a risk we must take into account as immigrants.
None of us have the automatic right to stay and work here, and that isn't the intention of the program. Immigration is not a right, it is a privilege.
I think the H-1B to EB-2 and EB-1 process should be improved to not be subject to immigration rates.