Downsizing Implications For H-1B Specialty Workers And Their Employers

Reducing your workforce is never an easy decision. Worrying about what implications downsizing may have on your H-1B workforce makes these decisions even more difficult. The downsizing of such workers can mean they lose their ability to remain in the United States and their job. Employers of H-1B workers are also subject to additional requirements that do not apply to their U.S. employees.

For example, an H-1B worker's employment terms are subject to those listed in the H-1B petition filed with the government on the employee's behalf by their employer. Any material change to what entity employs the H-1B worker or in their job duties, job location, full or part-time status or salary listed in the underlying current petition generally means the employer must file an amendment petition with the government to notify them of any such changes before they occur. Similarly, employers who obtained H-1B status for an employee also promised the government to comply with