Q. We are sponsoring an immigrant worker on an H-1B visa. Because of performance issues, we would like to terminate his employment. Can we do this?
A. Yes. However, there are a number of issues to be aware of. Employers must comply with certain requirements regarding the terms and conditions of employment of H-1B workers.
In particular, under the Labor Condition Application filed with the U.S. Department of Labor as part of the H-1B petition, the employer agrees to pay the H-1B employee a wage equal to or greater than the prevailing wage for the occupation within the geographic area of intended employment.
Employers must pay that wage for the duration of the approved H-1B period unless there is a “bona fide termination” of the H-1B employee’s employment. A bona fide termination, requires: (1) notification to the H-1B employee; (2) notification to the U.S. Citizenship and Immigration Services (USCIS) of the termination; and (3) an offer to pay the cost of the employee’s return transportation home.
The termination notice to the H-1B employee should be in writing and should specify the effective date of the termination. The notification to USCIS can be in the form of a short letter explaining that the H-1B employee is no longer employed with the employer. The Immigration and Nationality Act of 1952 requires that the employer pay the reasonable costs of return transportation if an H-1B employee is involuntarily terminated before the end of the authorized period of admission. This requirement is limited to reasonable costs of air or ground transportation to return the H-1B employee to his or her foreign residence. It does not require the employer to pay the cost of return transportation for the H-1B employee’s dependent family members.
Those are the general rules. Individual may present unique circumstances that require a more detailed analysis. Therefore, you should consult with an immigration attorney for more specific advice.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9442/can-we-terminate-an-h-1b-immigrant "
- Be patient and keep thorough records to make sure your firing decisions stick
- Firing? Keep all communications between employee and boss
- New EEOC guide could spur severance-plan gripes
- Beware 'aggravated misconduct' firings--unemployment benefits hang in the balance
- Is everyone in your company treated equally? Here's how to track