H1b Layoff Issues

An H1-B is a visa issued by the INS to immigrants on behalf of U.S. companies. They are issued to foreign laborers to perform specific and usually temporary job tasks on U.S. soil. Since the H1-B is only a temporary visa, there are legal issues involved when a layoff occurs. In such a situation, the holder of the H1-B has several options: he can find another employer, apply to have his non-immigrant status change, or he must leave the country. One issue is when an H1-B worker is "benched"; that is, he is temporarily between jobs. In such a case, the worker has rights. For instance, he is still entitled to compensation from his employer. If the employer seeks to take advantage, he may be guilty of federal regulations, and be forced to pay the H1-B worker back salary.

Fast Facts

  • The Department of Homeland Security approved about 117,000 H1-B visas in 2005.
  • If the holder of an H1-B visa leaves the U.S. and wishes to come back, he must re-apply for this visa.

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