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  1. #1
    Join Date
    May 2008
    Posts
    1

    Question Risks To The Employer When Sponsoring H1-B Visa

    I am an HR Manager for a mid-sized company. One of our employees currently holds an F-1 Student Visa which will expeire in July 2010. He has approached me about Employmnet Based Sponsorship for Immigration - sponsoring his H1-B with PERM (Green Card).

    Will doing this create any implied contract of employment? Should our company experience a lay off, would his job be protected by our sponsorship?

    Are there any potential risks to the company in doing this?

    Any help or insight is greatly appreciated.

    Thank You.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Risks To The Employer When Sponsoring H1-B Visa

    No, sponsoring him neither produces a contract of employment (implied or otherwise) nor offers him job protection in the event of a layoff. He gets treated exactly the same as any other employee; he cannot be discriminated against but he gets no special privileges. Someone else doesn't have to lose their job because he's got a work visa and is applying for a green card. You take the visa completely out of the equation and make your decisions without that factor (BTDT).

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