What are the immigration related consequences of layoffs on employers employing foreign nationals?
When downsizing includes laying off a company’s alien workers, the employer must be cognizant of its affirmative duties under immigration law with respect to those workers. For most employment-related visa types, the employer has an affirmative responsibility to notify the USCIS when an alien’s employment has been terminated so that USCIS can revoke the individual’s visa. With respect to H-1B employees, the employer also must provide the H-1B worker return transportation to their home country at the employer’s expense. In the H-1B context, these affirmative responsibilities are particularly important because employers that do not comply with these obligations run the risk of being subject to continuing wage obligations for the H-1B employee. Under the anti-benching provisions of the H-1B regulations, an employer must continue to pay an H-1B employee their normal wages during any time spent in nonproductive status “due to the decision of the employer.” In a layoff situation, the employe
Related Questions
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