Most companies in the United States are facing difficulties dealing with their continued operations as well as the welfare of their employees. Companies that have high-skilled foreign workers have even limited options to keep them.
The H-1B Visa is one of the few that needs the approval of a labour certification application (LCA). Besides that, wages are strictly regulated for people with this type of visa. This simply means that employers who have H-1B, E-3 or H-1B1 employees can’t reduce their wages by any other means.
The law requires employers to pay H-1B worker their wages as stipulated by the LCA – that includes paying them even for periods they aren’ working. It is true that most companies are facing hard times but when it comes to regulations – there’s no shortcut but to follow them as they are.
There’s no doubt that some employers will try everything possible either to reduce the salaries of their employees or lay them off. As an employer or employee, you will need a good non immigrant visa lawyer in Pasadena to understand how to go about this whole situation.
Most states are currently implementing measures to have as many people as possible say at home to contain the spread of the Coronavirus. Already 3.2 million people have filed for unemployment claims as from the third week of March.
What are the potential solutions?
Employers with H-1B workers who would want to retain their workers but reduce their salaries will have to re-file the LCA. This will change the status of the employee from full-time to part-time and make it easy for them to reduce the wages. That’s where the services of an H visa lawyer in Pasadena will come in handy.
Alternatively, an employer can decide to reduce the wages for a short period and promise bonuses towards the end of the year – but this is a risky move. You will probably need to consult with our visa attorneys in Pasadena before taking the risk.
This is however not the first time employers of guest workers have faced challenges with their employees. The 9/11 terrorist attack and Hurricane Sandy also presented employers with a lot of challenges dealing with their guest workers.
Every employee deserves to be paid and therefore employers should find a way to negotiate salary reduction with their employees.
In cases where H-1B employees are terminated from work, they have up to 60 days to find another employer, change their visa status or leave the country. One can also seek the services of a US tourist visa lawyer in Pasadena to have their visa status changed.
Another challenge that employers and employees are likely to face during this pandemic is the fact that an alternative visa category for some employees doesn’t have the same DOL in the visa process.
However, the US Citizenship and Immigration Services has hinted that it will relax some of its laws in response to the COVID-19 pandemic.
This will definitely give some relief to both employers and employees when it comes to adjusting their situations with the current situation. It is also good to seek help from an immigration lawyer in Pasadena in case you are facing payment issues with your employer.