News & Analysis as of

Termination Department of Labor (DOL) United States Citizenship and Immigration Services

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

Harris Beach PLLC on

Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

Kramer Levin Naftalis & Frankel LLP

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

Franczek P.C.

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Franczek P.C. on

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

Miller Canfield

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

Miller Canfield on

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

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