but the companies are picking their chosen employees-to-be. the companies are literally the ones submitting the H1-B forms asking the government to approve thei

but the companies are picking their chosen employees-to-be. the companies are literally the ones submitting the H1-B forms asking the government to approve their choice so they can employ them. the government does not say "this person is not the right choice for this job." the government does however do the necessary criminal/education/security/background checks etc to make sure the candidate (or company) isn't lying. some of these checks may be difficult for a company without government-level resources (maybe?) to perform. so if the checks are passed, and the company has performed the labor cert properly and there are visas left (quotas), then a visa is issued to the candidate that the company picked.