The hierarchy of the law does not preclude USCIS from providing a path to adjust status while in the US. Nothing in the constitution or any statute or ordinance prohibits that.

The H-1B is not "the first step" in a Green Card process. That's why there's an adjustment of status!

You go from non-immigrant to immigrant status and it's not a foregone conclusion. The requirements for the Green Card are entirely different from the H-1B. It's a separate process, with its own rules, fees, timelines.

The "adjustment of status" is simply a way for workers and their families to remain in the US legally while the green card process runs its course, instead of requiring them to uproot their existence (which at that point is often in the 7-10+ year range, if they studied here before the H-1B). Why would we want people to leave and quit their jobs and _then_ give them a green card? They will be in a worse position to contribute to the economy then.

These people pay thousands or millions in taxes and take nothing back. Making their transition to permanent resident smooth is in the interest of every American.

Not like the brazen giant of Greek fame,

With conquering limbs astride from land to land;

Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flame

Is the imprisoned lightning, and her name

Mother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes command

The air-bridged harbor that twin cities frame.

“Keep, ancient lands, your storied pomp!” cries she

With silent lips. “Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!”