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Buffalo: (716) 970-4007 | Toronto: (866) 697-1832
Employers of foreign nationals need to be aware of and meet certain requirements when an employee quits or is terminated. Some non-immigrant visa categories have more requirements than others. Employers of Canadian or Mexican professionals under TN visa status should be knowledgeable of these requirements. We discuss employer requirements when an employee under TN visa status quits or is terminated here.
On December 19, 2022, USCIS published a new resource containing options that are available for nonimmigrant workers that have lost their employment. We review the options provided by USCIS for nonimmigrant workers that have lost their jobs here.
Depending on the circumstances, an H1B Visa holder that loses their employment or fails to renew before it expires might be eligible for a grace period allowing them to remain in the US while they take action to preserve their legal status. But there are a lot of rules to consider, and breaking the rules could mean “unlawful presence.” We discuss being laid off or fired while on an H1B visa and what to do here.
Employing foreign workers comes with complications such as sponsorship of legal status to work and live in the United States. When employment is terminated by either the employer or employee there are steps that need to be taken by the employer. The process varies depending on the visa status the foreign employee holds. We discuss the termination of certain foreign employees and what you should consider.
Depending on the circumstances, a TN Visa holder that loses their employment or fails to renew before it expires might be eligible for a grace period allowing them to remain in the US while they take action to preserve their legal status. But there are a LOT of rules to consider, and breaking the rules could mean “unlawful presence.” Find out how to avoid that worst-case scenario.