Tuesday, May 31, 2016

H-1B SERIES PART TWO: WHEN DO H-1B EMPLOYERS’ SALARY OBLIGATIONS BEGIN ?

H-1B Series Part Two: When do H-1B employers’ salary obligations begin ?

An employer must pay wages on the date that an H-1B employee enters into employment with the employer.  An H-1B employee “enters into employment” when the employee makes himself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter. 

An H-1B worker is automatically deemed to have entered into employment 30 days after he enters the United States, or 60 days after H-1B approval if he is already in the United States.

The H-1B employee in Dedios met with clients “interviewing” with a potential client of the H-1B employer.  The DOL correctly found that this constituted “entering into employment,” in spite of the fact that the work with the end-client never materialized.

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