H-1B Termination: Liability for Back Wages

The Administrative Review Board (ARB) of the United States Department of Labor ruled on December 28, 2008, that an employer who failed to report the termination of an employee who held an H-1B visa is liable for back wages since that H-1B employee’s periods of unproductiveness were not due to his unwillingness or unavailability to work. H-1B employers should ensure that they properly and promptly report termination of employees who have held an H-1B visa or H-1B status.

For more details, see Administrator, Wage & Hour Div. v. Help Foundation of Omaha, Inc. et al. (ARB, 12/31/08).