Employers sometimes need to use specific employment visas when they want to bring workers to the United States from another country. One example is the H-1B visa. Employers can work with prospective employees by demonstrating that there is a valid job offer, which can help influence the government to authorize the visa so that the foreign worker can fill the position.
One important thing that both employers and employees should understand is that if the worker ever loses their job, there is a grace period for them to find a new one. This period typically lasts for 60 days. A worker who gets fired may worry about deportation or believe that they are immediately in violation of their visa terms. While those concerns could become valid eventually, they do have the 60-day grace period to seek out new employment.
When can employers fire workers on an H-1B visa?
Because of this grace period, losing a job—whether due to being fired or laid off—may not have as detrimental an impact on a worker’s career or immigration status as it would otherwise. But when are employers allowed to terminate workers who came to the U.S. specifically to take that job?
It depends on the type of employment agreement in place. If there is an employment contract, it will typically stipulate how termination must be handled. For example, the worker may only be terminated for cause or may be entitled to advance notice—sometimes weeks or even months—so they can prepare for the next steps. However, if no such contract exists, the worker may be employed under at-will employment laws, meaning the employer can terminate their employment at any time, for nearly any reason.
These types of relationships between employers and immigrant workers can be very complex, so it’s critical that all parties involved fully understand their legal rights and options.
