News Update - January 17, 2009
By Alan Lee, Esq.†‡
Employer Held Liable For the Payment of Back Wages to Terminated
H-1B Employee
The Administrative Review Board of the Department of Labor found
that an employer who failed to report the termination of a H-1B
employee to the Department of Homeland Security (DHS) as required
by law was liable for back wages to the employee. In order to comply
with the laws of the Immigration and Nationality Act, an employer
who hires an H-1B nonimmigrant employee must make a bona fide termination
of the employment relationship so as not to be held liable for back
wages and in some cases the transportation costs for the employee
to return to his home country. A bona fide termination means notifying
DHS that the employment relationship has ceased. Reporting only
to the Department of Labor is not sufficient. DHS must be informed
so that the Petition for a Nonimmigrant Worker filed by the employer
can be revoked.
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