disclosure: have worked for large h1b heavy shops my entire career, and while there has been the very occasional exception, the bulk of the h1bs are hired entirely for cost reasons.
disclosure: have worked for large h1b heavy shops my entire career, and while there has been the very occasional exception, the bulk of the h1bs are hired entirely for cost reasons.
I don't think this is what OP meant. OP said "what if you have a H1B worker that's a high performer". This has nothing to do with the average performance of any group. The point is that a blanket mandate that a group should be fired over others first may hurt the livelihood of a company. Note whether this is right or wrong is definitely up to debate, and different countries implement different policies for either side. I'm just clarifying the underlying logic of the OP.
There should be consequences to violating these rules. Not being allowed to hire workers JUST because they're cheap (99% of H1B visa workers) is something that should always be enforced.