The H-1B visa is specifically for hiring "highly specialized" workers. Lack of the supposed skills that let them across the border is in fact a legal issue.
You don’t need to be Shakespeare to do specialized job that’s first
Second most visa applicants already get tested on their English skill when they apply for Visa, for example, universities require English proficiency for F1 visa using GRE exam
And why do you think you are better than an employer in assessing required English proficiency of an employee