Can a H-1B visa holder be furloughed?
So, basically, there is no such thing as a Furlough for an H-1B visa holder, because of the mandatory salary requirements. If an employer does, in fact, terminate the employment of an H-1B workers, the employer must: Offer to provide the H-1B workers return transportation to their home country at the employer’s expense.
What happens to a foreign national worker on furlough?
The furlough presumes that the employer intends to rehire the employee, as soon as they are able too, and this allows the employee to maintain their lawful status. The employer should also ensure that the foreign national worker understands his or her options upon termination. These are the options that a foreign national worker upon termination:
Do I need to notify USCIS of a furlough?
But there is no requirement of a notification to USCIS in the case of a furlough of one of these other visa holding employees, as there is no mandatory wage requirement for them. The furlough presumes that the employer intends to rehire the employee, as soon as they are able too, and this allows the employee to maintain their lawful status.
Are H-1B visa holders considered foreign national employees?
In the broader context (that is non-H-1B visa holders) the foreign national employees referred to here do not include lawful permanent residents or U.S. citizens. Foreign national nonimmigrant workers usually fall under the H-1B, L, E, O, and TN temporary work visa categories.