Legal Question in Immigration Law in New York
PERM Application EMPLOYER QUES.
We are sponsoring an employee who has--name removed--current H1B. we are also sponsoring them for--name removed--PERM Application on their behalf that is being processed. Should mass lay off occur, how would we be responsible in handling this particular case (Non-Immigrant workers will be affected as well). In addtion, would we still be responsible for paying their PERM fees? Thanks
2 Answers from Attorneys
Re: PERM Application EMPLOYER QUES.
I would need more information regarding this case before I can comment on it properly.
An H1-B visa is for 6 years, do you think that a layoff would occur before the end of the 6 years?
Once the H1-B employment is terminated the employee who is here for that particular job has 10 days to leave the country.
As for your PERM employment, because your original job offer was an offer of permanent full time employment, should there be any mass lay offs, all US employment laws would come into play.
Patricia Martin-Gibbons
Re: PERM Application EMPLOYER QUES.
Under DOL guidleines, if one attorney represents both the employer and employee in the PERM process (which is usually the case), the employer must pay for all fees/costs associated with the PERM process and may not seek reimbusemwnt at any time from the employee.
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