What to do when an employees visa expires

When is employee visa expiry due? What happens if a visa is due to expire? How to monitor employee visa expiry dates? Can I return to the USA after the expiration date?

The employee must leave the United States and have his or her visa stamped in another country in order to reenter.

In addition, the employee must leave within a certain time period after the visa has expired to avoid a ban on reentry. In some situations, an employee whose work authorization has expired could be eligible for a 180-day automatic extension. If she has already applied for renewal but authorities scheduled her appointment a day after, its neither her nor ur fault, so no u don t have to terminate or rehire her, as a matter of fact if u terminate her it may be counted as no JOB.

If the client pays your friend and not the employer regardless whether there is a client on a given day or not it is not longer legal to get an H1B for this situation. Let s put it this way: if she continues to work without authorization for a time, no one may find out, but if her employer gets audited and they look through the employee records and find out that your wife had no authorization to work. Noting employee visa expiry dates does not mean a few weeks before a visa is due to end but we advise at least months before their leave in the UK expires.

There are at least two scenarios where you might run the risk of a penalty. To avoid a penalty for hiring an immigrant you later find out is not entitled to work, you must demonstratethat you took reasonable precautions and exercised due diligence to ascertain whether they were in fact entitled to work.

At the very least, that means asking whether someone is entitled to work as part of the hiring process and requesting a copy of their visa where appropriate. Turning a blind eye, or just assuming someone is entitled to work for you, will not be a sufficient excuse. Another situation employers can find themselves in is that they employ an immigrant who has a limited visa , but continue to employ that person after their visa expires. To avoid unwittingly hiring someone beyond their entitlement to work, you should carefully record or diar.

See full list on markdonovan. In either of the situations described above, you have competing obligations. On the one han the law says that you must not continue to employ them. If you do , that exposes you to a penalty.

So what should you do ? As I have explained elsewhere, you can fairly dismiss an employee if you have good reasons for ending their employment and follow a fair process to arrive at your decision to dismiss. There is no doubt that you have good reasons to dismiss an employee if they are not entitled to work. So that aspect is covered.

Nevertheless, you must still follow a fair process as far as possible – though you may need to act quickly. Furthermore, you are not at risk of a penaltyif you continue to employ someone who is not entitled to work for their contractual period of notice after you have communicated your decision to dismiss. But you can’t continue to employ them after their period of notice has ended.

Putting that together, a fair process may look something like the following: 1. Tell the employee what you understand about their entitlement to work and ask them to meet with you urgently to provide their response.

Advise them that if they are not entitled to work, you will need to terminate thei. Ultimately, you have good grounds to dismiss if there is no entitlement. If the extension is denied , you must leave right away.

If your Form I-has already expired , speak to an attorney as soon as possible. This is because immigration may take a long time to renew it. During this time continued employment is lawful. If the grace period applies, the employer should take advantage of this 28-day period to carry out or continue its investigation into the options available. The length of the ban depends upon how long one has overstayed: three years if it’s been 1days or more and years if it’s been over a year.

It’s also important to note that employees should never attempt to resolve visa expiration issues on their own. For employees who are already in a foreign country, make sure you have their complete visa or permit information, including expiration date, on file. Whenever possible, continue to file extension.

Although this visa allows executives, managers, and specialized employees to work in the U. Have the employee initial and date the change in Section 1. You will initial and date the change in Section 2. Furthermore, if your employer is aware that your visa has expire they will also commit a criminal offence by continuing to allow you to work. The law prohibits employers from terminating employees simply because their green cards expire. Your employer may not renew your residence visa only for the sake of days, rather he would mutually terminate the employer contract, cancel your visa and pay your end of service benefits.

Office of Special Counsel for. Suppose you were on vacation and did not arrive in the UAE when your visa expire the employer will submit a report to the UAE Immigration Department.