2 articles found.
The Impact of Employment Termination Or Layoff On Immigration Status And Applications
August 18, 2009by Gregory P. Adams (Dinsmore & Shohl)
Basic Concepts Nonimmigrant status that is petition-based, such as H-1B, H-1C, H-2B, H-3, L-1A/L-1B, O-1/O-2, P-1/P-2/P-3, Q-1 or R-1, as well as some non-petitioned statuses, such as E-1/E-2 and TN, are generally regarded as terminated when the employment associated with that status ends. Dependent family members who hold derivative visa status also lose their status when the principal nonimmigrant's status ends.There is no grace period when one’s nonimmigrant status ends, so strictly sp...
Tags: Immigration
Effect of Layoffs and Benching on H-1B Employees
August 11, 2009by Gregory P. Adams (Dinsmore & Shohl)
Employers have downsized and reorganized their workforce to weather the current economic downturn. For those employers who employ H-1B nonimmigrants, it is important to understand what the law requires in the event of a change in employment terms or conditions. Layoffs If an employer lays off an H-1B employee, the employer must effect a bona fide termination to halt its obligation to pay the H-1B employee the wages listed in the Labor Condition Application filed with the Department of La...
Tags: Immigration
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