Business Immigration Solutions

Employment-Based Visas & Green Cards

Immigration Fleet helps employers and talented professionals secure work authorization and permanent residency with strategic legal navigation.

“With Immigration Fleet, you’ll never navigate alone.”

H-1B Specialty Occupation Visas

For professionals in specialty occupations requiring theoretical or technical expertise. Our H-1B guidance includes comprehensive wage analysis, lottery preparation, and strategic RFE responses to maximize approval chances.

L-1 Intracompany Transfers

For executives, managers, and specialized knowledge employees transferring from foreign offices. We craft compelling evidence packages demonstrating qualifying relationships and employment eligibility.

O-1 Extraordinary Ability Visas

For individuals with extraordinary ability in sciences, arts, education, business, or athletics. Our attorneys develop strategic evidence portfolios showcasing your exceptional contributions to your field.

E-1/E-2 Treaty Trader/Investor Visas

For business owners and investors from treaty countries. We structure applications to demonstrate substantial investment and job creation potential.

PERM Labor Certification

The foundation of many employment-based green card processes. Immigration Fleet manages recruitment efforts, prevailing wage determinations, and DOL filings to minimize processing delays.

EB-1, EB-2, and EB-3 Green Cards

Permanent residency pathways for priority workers, advanced degree professionals, and skilled workers. We identify the optimal category for your qualifications.

National Interest Waivers

For professionals whose work substantially benefits the United States. Our attorneys develop compelling cases demonstrating your contribution to important national interests.

Startup Founder Immigration Options

Innovative strategies for entrepreneurs and founders building companies in the U.S., including O-1A, E-2, and International Entrepreneur Parole options.

Committed To Helping Our Clients Succeed

Business Compliance Services

I-9 Compliance Programs

We develop comprehensive employment verification systems to maintain compliance while minimizing business disruption.

Corporate Immigration Policy Development

Creation of structured immigration protocols aligned with your company’s recruitment and retention strategies.

USCIS/DOL Audit Response

Strategic representation during government investigations and compliance reviews.

FAQs

Employer’s Next Steps After H-1B Termination: Avoiding Liability

What are an employer’s legal obligations when terminating an H-1B employee?

Under 20 C.F.R. § 655.731(c)(7)(ii), employers must complete three key steps to ensure a bona fide termination:
Clearly notify the employee of the termination
Offer to pay for the employee’s return transportation to their home country
Notify USCIS in writing that the employment relationship has ended

When can an employer stop paying the required wage to an H-1B employee?

An employer is released from the obligation to pay the required wage only after executing a “bona fide termination” of the employment relationship. Without properly completing all three steps above, the employer may remain liable for back wages.

Are there exceptions to the wage payment requirement?

Yes, according to 20 C.F.R. § 655.731(c)(7)(ii), employers are exempt from wage obligations in two specific situations:
After a properly executed bona fide termination
When an H-1B employee experiences a period of non-productive status due to conditions unrelated to employment at their voluntary request (e.g., touring the U.S., caring for an ill relative) or when they are unable to work

What happens if an H-1B employee disappears or fails to report to work?

The regulations do not clearly address situations where a foreign national disappears or fails to report to work. However, case law has established some guidance for these scenarios.

How did the Amtel Group v. Florida, Inc. case impact H-1B termination requirements?

This Administrative Review Board decision established the three-part test for a bona fide termination that employers must follow to avoid liability:
Employee notification
Return transportation offer
USCIS notification in writing

Did the Batyrbekov v. Barclays Capital case change employer liability?

Yes, this significant ARB decision (Case No. 13-013) expanded employer protections by holding that employers are not liable for back wages when:
The employee successfully transfers H-1B status to a new employer, OR
The termination notice to the employee was “clear and unequivocal,” even if the full Amtel requirements were not met

How does the Gupta v. Compunnel case affect non-productivity claims?

This case established a two-part test for non-productivity cases:
Employer must first show that the employee had a job assignment
Employer must then show that the employee did not avail themselves to that assignment

What’s the recommended process for employers to follow when terminating an H-1B employee?

1. Provide written termination notice to the employee, clearly stating the termination date
2. Offer return transportation to the employee’s home country in writing
3. Submit a written notification to USCIS requesting revocation of the H-1B petition
4. Maintain documentation of all three steps in case of any future disputes
5. Consider consulting with immigration counsel to ensure compliance with all requirements

What are the potential consequences of failing to execute a proper termination?

Employers who fail to complete all steps of a bona fide termination may be liable for back wages until:
– The H-1B petition expires
– The employee obtains H-1B status with another employer
– A proper termination is completed
– The employee leaves the United States

Should employers be concerned about H-1B employees who transfer to new employers?

According to Batyrbekov v. Barclays Capital, when an H-1B employee transfers to a new employer, the original employer’s liability for wages ends, provided they gave clear and unequivocal notice of termination to the employee.

Need Expert Guidance on H-1B Terminations?

Navigating H-1B termination requirements doesn’t have to be complicated. At Immigration Fleet, we provide comprehensive support to ensure your compliance with all regulatory requirements while protecting your business interests.

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Legal Disclaimer and Practice Information

Business Compliance Services

Purpose

The company is organized for the provision of professional immigration legal services. All members and managers are attorneys licensed to practice law in the United States. The Managing Member is licensed to practice law in the State of New York. The firm’s practice is exclusively limited to matters of federal immigration law, as permitted by federal statutes and regulations for attorneys licensed in any U.S. jurisdiction.

Professional Services

This Professional Limited Liability Company is established solely for the practice of federal immigration law. While the firm is based in Texas, it does not offer legal services related to Texas state law. All services are limited to immigration matters governed by federal law.

Supplemental Provisions – Jurisdictional Limitation

The managers of this firm are not licensed to practice Texas state law. All public-facing communications—including letterhead, business cards, website content, and marketing materials—will clearly disclose that the Managing Member is licensed exclusively in the State of New York and that the firm’s services are restricted to federal immigration law.