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Is payment of wages required to a person who holds and H1-

Customer Question
Is payment of wages...

Is payment of wages required to a person who holds and H1-B visa in order for that visa to remain valid, if the person is not laid off or otherwise terminated?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time. Florida is an "at will" state though.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The employee has an employment agreement

Submitted: 7 months ago.Category: Employment Law
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12/6/2017
Employment Lawyer: KLAW, Lawyer replied 7 months ago
KLAW
KLAW, Lawyer
Category: Employment Law
Satisfied Customers: 2,375
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Under immigration law, the required wage must be paid to the H1B worker free and clear. Bonuses that are not guaranteed to the worker cannot be used to satisfy the wage requirements. The employer may not factor in the value of benefits offered to the worker, such as health insurance, to meet the wage requirements.Also, the employer must continue to pay the H1B worker’s salary, even if the worker is benched – that is, if the employer does not have work for the employee for a period of time. Further, such salary payments typically must continue through the validity period of the H1B petition unless the H1B worker is unavailable or unable to work, or if there is a bona fide termination of employment.I hope this clarifies. Please don’t forget to rate the question with stars so that I will receive credit and payment for assisting you with your question. Remember we as attorneys are not employees of Just Answer and are not paid unless you rate the question.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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