Under the current bill. an employer can lay off 1.000 American workers and bring in 1.000 HlB workers to replace them as long as the employer pays them the same wage. and it is OK. Some argue that employers are unlikely to go through the effort to lay off an American to replace with a foreign worker. They cite studies to suggest foreign workers are actually paid higher wages than their American counterparts. If that is the case. then the employer should have no problem attesting. as a condition of their participation in the visa program. that they have not and will not lay off U.S. workers. The fact is. employers do lay off American workers and replace them with foreign workers. That happens to be the information that we have.