What Employers Need To Know About Terminating Foreign Workers

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Executive Summary

For immigration purposes, a layoff is defined as any involuntary separation of an employee without cause or prejudice. Terminating a foreign worker during a corporate downsizing has an immediate impact on the worker's visa status as well as on his dependents' status. Specifically, a foreign worker sponsored by an employer for an employment-based visa is required to maintain his immigration status by rendering services for compensation. The day the foreign worker stops rendering services for the employer is the day he stops maintaining his status

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