Can My Current Employer Cancel My Visa While I Am in the USA?
Can My Current Employer Cancel My Visa While I Am in the USA?
For individuals working in the United States on an employment-based visa, there can be confusion and uncertainty about how termination of employment or voluntary departure affects their visa status. This article aims to clarify these concerns and provide a comprehensive guide for those in such situations.
Overview of Employment-Based Visas
Employment-based visas, often referred to as H-1B, L-1, or other work-related visas, are designed to allow individuals to work in the United States for a specific employer. These visas can also be sponsored by the employer, who is responsible for securing the necessary documentation and compliance with immigration laws.
Reporting Requirements for Employers
When an employee on an employment-based visa is terminated or leaves voluntarily, the employer has a legal obligation to report this to the Department of Homeland Security (DHS) and other relevant federal agencies. This requirement ensures that the system stays updated and maintains proper immigration compliance.
The Impact of Termination or Voluntary Departure
Upon notification of an employee's departure, the employer must complete and submit Form I-20 or Form I-901 (SEVIS I-901 Fee Waiver) to the relevant immigration authorities, detailing the circumstances of the departure. This process is crucial for maintaining the integrity of the visa process and preventing any potential misuse of visas.
What Happens if the Employer Fails to Report?
If the employer fails to report the termination or departure, the employee may face severe consequences. These can include denial of future visa applications, fines for the employer, and potential criminal charges. It is in the best interest of both the employee and the employer to ensure timely and accurate reporting.
Temporary Stay and Optional Practical Training
After an employee is terminated, they may be allowed to remain in the United States temporarily under certain conditions, such as to complete work-related obligations or to explore other job opportunities. This period is often governed by the terms of their visa and the approval of the relevant immigration authorities.
Conclusion
Understanding the nuances of employment-based visas and the responsibilities of both employers and employees is critical for maintaining compliance with U.S. immigration laws. While employers have a reporting obligation, the visa status can still vary depending on the specific circumstances and adherence to legal standards.