Unemployment benefits on H 1 B status, am I in title?

Fred S

The employer's obligation to pay the H-1B worker ends only if there has been a "bona fide" termination of the employment relationship.The employer should not be laying you off due to lack of work.

The American Competitiveness and Workforce Improvement Act of 1998 amended section 212(n)(2) of the Immigration and Nationality Act providing that it is a violation of the wage attestation requirement for an employer to fail to pay the wage for nonproductive status "due to a decision by the employer," such as lack of work assignments or lack of permit or license.

USCIS regulations state that employers are required to notify the USCIS of material changes in the terms and conditions of all H-1B employment.

If the employer does not notify the USCIS and the terminations are not clearly documented, the Dept. of Labor may find that the employer illegally "benched" an H-1B employee during non-productive times, exposing the employer to back pay liabilities.

The amount of time that an H-1B worker may stay in the U.S. after being laid off or terminated is not defined in the law or the regulations.

Dan D

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