Monday, December 16, 2013
Termination of Employment from Employer Sponsored Immigrant Petitions:
H-1B visas are nonimmigrant visas that allow foreign workers in specialized occupations to reside and work in the United States for a limited time period. To qualify, a foreign worker must be sponsored by a U.S. employer. Employers can terminate an H-1B visa worker without penalty; however, doing so causes the employee to immediately lose status to live and work in the United States. Because of the immediate circumstances for the employee, this triggers obligations for the employer. When terminating, the employer must begin by providing clear, unequivocal notification of a "bona-fide termination" to the employee. It must be done in writing and clearly indicate that the employment relationship has been terminated.
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