What are the consequences for a company if an employee doesn’t accept his offer after the H-1 approval? Does it impacts future H1s if we withdraw it?

Answer:

The consequences occur if the employer DOES NOT notify the U.S. of the termination of employment or, in this case, the employee’s rejection of the employment offer. The employer must effectuate a bona fide termination, so it must be clear that the individual is NOT an employee. Otherwise, there can be serious problems if there is a DOL investigation. The DOL has authority to order payment of back wages, as well as other financial penalties, as well as other very serious enforcement options. There can be problems for future H-1 filings if the employer doesn’t keep its promises to pay and otherwise comply with the H1 laws and regulations. So, if the employee doesn’t want to work for the company, the company needs to protect itself by notifying the USCIS and otherwise documenting the file. (23.Dec.2013)

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