Employer Liability and Cancelling H-1B petitions

In a recent ruling, GANZE & COMPANY, the US DOL has stated that the employer must meet all three criteria below to avoid wage liability.

To avoid back pay liability of H-1B employee, the employer must:

  1. Notify USCIS of termination.
  2. Notify Employee of termination pursuant to State Law.
  3. Offer to Pay return fare.
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