covid-19 updates 17:35 bst 28–30 may 2020 · ©2020 sirva worldwide, inc. confidential and...

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©2020 SIRVA Worldwide, Inc. Confidential and Proprietary. 1 COVID-19 updates 17:35 BST 28–30 May 2020 Overview APAC Topic Update India Restrictions, Travel Lockdown continues in ‘Containment Zones’ until 30 June 2020. Service delivery has resumed elsewhere. International travel remains banned. Phase 1 opening from 8 June. Japan Travel, Restrictions Travel ban expanded to include 11 more countries. State of emergency lifted in Tokyo, Chiba, Kanagawa, Saitama and Hokkaido. Malaysia Travel, Immigration New policy applying to all individuals entering Malaysia through the International Entry Point (PMA). See FAQ document attached. Philippines Restrictions, Immigration Effective 1 June for 15 days, the National Capital Region (NCR) (& others) move to General Community Quarantine (GCQ) status. Revised online procedure for Alien Employment Permit (AEP) applications. Bureau of Immigration (BI) resumes full operations. EMEA Topic Update Belgium Schools, Services Schools reopening this week. Updates on service delivery. Czech Republic Travel, Immigration Entry rules for EU nationals and third-country nationals (with or without existing Czech residence status) France Travel, Immigration Entry restrictions updates. Posted workers and seasonal agricultural workers allowed, conditions and rules apply. Borders remain closed until at least 15 June. Russia Travel, Restrictions Safety requirements for flights. International flights expected in July, charter flights in September, limited to Russian nationals and those holding permanent residence permits initially. Easing of restrictions in Moscow. Switzerland Travel, Immigration All travel restrictions to be lifted by 6-9 July. From 8 June, new applications for family reunions and permit applications for highly- skilled workers and workers residing in EU/EFTA states processed. Conditions and rules apply. From 15 June Borders with France, German and Austria will be open again. From 6 July (at latest) Borders with EU and EFTA countries will be open again. Turkey Restrictions, Travel Restrictions lifted from 1 June, Domestic flights resume gradually from 4 June, International flights resume gradually from 10 June. UK Immigration Some UK Visa and Citizenship Application Centres opened 1 June Americas Topic Update Chile Travel Land, sea and air border closures extended until 3 June. Mexico Immigration Processes for temporary or permanent residents suspended. US Immigration Some local USCIS offices to resume in-person services 4 June. US Immigration Compliance issues for H-1B employers.

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Page 1: COVID-19 updates 17:35 BST 28–30 May 2020 · ©2020 SIRVA Worldwide, Inc. Confidential and Proprietary. 1 COVID-19 updates 17:35 BST 28–30 May 2020 . Overview . APAC Topic Update

©2020 SIRVA Worldwide, Inc. Confidential and Proprietary. 1

COVID-19 updates 17:35 BST 28–30 May 2020

Overview APAC Topic Update India Restrictions,

Travel Lockdown continues in ‘Containment Zones’ until 30 June 2020. Service delivery has resumed elsewhere. International travel remains banned. Phase 1 opening from 8 June.

Japan Travel, Restrictions

Travel ban expanded to include 11 more countries. State of emergency lifted in Tokyo, Chiba, Kanagawa, Saitama and Hokkaido.

Malaysia Travel, Immigration

New policy applying to all individuals entering Malaysia through the International Entry Point (PMA). See FAQ document attached.

Philippines Restrictions, Immigration

Effective 1 June for 15 days, the National Capital Region (NCR) (& others) move to General Community Quarantine (GCQ) status. Revised online procedure for Alien Employment Permit (AEP) applications. Bureau of Immigration (BI) resumes full operations.

EMEA Topic Update

Belgium Schools, Services

Schools reopening this week. Updates on service delivery.

Czech Republic Travel, Immigration

Entry rules for EU nationals and third-country nationals (with or without existing Czech residence status)

France Travel, Immigration

Entry restrictions updates. Posted workers and seasonal agricultural workers allowed, conditions and rules apply. Borders remain closed until at least 15 June.

Russia Travel, Restrictions

Safety requirements for flights. International flights expected in July, charter flights in September, limited to Russian nationals and those holding permanent residence permits initially. Easing of restrictions in Moscow.

Switzerland Travel, Immigration

All travel restrictions to be lifted by 6-9 July. From 8 June, new applications for family reunions and permit applications for highly-skilled workers and workers residing in EU/EFTA states processed. Conditions and rules apply. From 15 June Borders with France, German and Austria will be open again. From 6 July (at latest) Borders with EU and EFTA countries will be open again.

Turkey Restrictions, Travel

Restrictions lifted from 1 June, Domestic flights resume gradually from 4 June, International flights resume gradually from 10 June.

UK Immigration Some UK Visa and Citizenship Application Centres opened 1 June

Americas Topic Update Chile Travel Land, sea and air border closures extended until 3 June.

Mexico Immigration Processes for temporary or permanent residents suspended. US Immigration Some local USCIS offices to resume in-person services 4 June.

US Immigration Compliance issues for H-1B employers.

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Detail India, Japan, Malaysia, Philippines May 28–30 2020

What you need to know:

INDIA Unlock 1.0 The Indian Government via Ministry of Home Affairs (MHA) on 30 May 2020 issued the guidelines towards what is being more referred to as ‘Unlock 1.0’ in lieu of Lockdown 5.0. The Government has laid the path for phase-wise opening of various activities as outlined below. While there is very little left towards the list of ‘restrictions’, the Government has laid out guidelines for various activities & also empowered the State Government to make further decisions on the activities and guidelines to be followed within the State. Main updates

• Lockdown continues to only be enforced in ‘Containment Zones’ until 30 June 2020

• Only ‘essential’ activity will be allowed in Containment Zones and night ‘curfew’ is applicable from 9:00pm to 5:00am

• There is no restriction on intra-state and inter-state movement of individuals unless the State/ District Government have imposed local restrictions

• There is no decision as to when will International flights be resumed, although Domestic flights have already resumed across India

• All International borders (sea, land and airports) are sealed except for special approved travel arrangement for arrival/ departure via ‘emergency’ operations being controlled by the Government of India

The following activities will be considered to be opened up in separate ‘Phases’ as outlined below:

• Phase 1 – 08 June 2020: Religious places/ Places of Worship for public, Hotels, Restaurants and other hospitality services, Shopping malls

• Phase 2 – (to be decided in July 2020): Schools, Colleges and educational institutions

• Phase 3 – (to be decided – no timeline specified): International flights, Metro train services, Gymnasiums, Sports facilities, Swimming pools, Cinema halls, Social/ Political/ Sports/ Cultural/ Religious functions

Relocation services

• We are able to provide face-to-face services in most cities across India • Some cities may have stricter local restrictions • Individuals who are relocating within India (Intra India Moves) can travel making

use of the flights, Intra India Trains etc.

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• Individuals who are relocating from overseas will need to wait until international flights are in operation

State Governments are in the process of framing and announcing the local rules & regulations and we should be able to get more clarity in the next few days.

JAPAN

• The travel ban which has been expanded and included those who have visited 11 additional countries within 14 days of attempting to enter Japan: Afghanistan, Argentina, Bangladesh, El Salvador, Ghana, Guinea, India, Kyrgyzstan, Pakistan, South Africa, Tajikistan, are the additions.

• Visa validity and visa exemption measures are suspended until 30 June. • On 25 May, the government announced that the infection rate in the remaining

prefectures of Tokyo, Chiba, Kanagawa, Saitama and Hokkaido had also reached a low enough level to permit the lifting of the State of Emergency there with immediate effect.

MALAYSIA

• From 3 April 2020, the Government of Malaysia requires all individuals entering Malaysia from abroad to undergo compulsory quarantine orders at the Quarantine Stations set by the Government of Malaysia. The Government of Malaysia has announced a new policy to take effect from 1 June 2020 that will apply to all individuals entering Malaysia through the International Entry Point (PMA).

• See FAQ document attached PHILIPPINES

• Effective 1 June for 15 days, the National Capital Region (NCR) will be under General Community Quarantine (GCQ), alongside Davao City, Region II, Region III, Region IV-A, Pangasinan and Albay. The rest of the country will be under modified GCQ.

• The Department of Labour and Employment (DOLE) in Region IV-A has published a revised online procedure for application for Alien Employment Permit (AEP), effective once GCQ takes effect (from 1 June).

• The Bureau of Immigration (BI) has announced that it is prepared to resume full operations, albeit according to new guidelines and protocols, once GCQ takes effect (from 1 June).

What does this mean?

With every effort to contain the spread of COVID-19, stricter measures have been put into place globally which include travel bans/restrictions, lockdowns, limited services/closures, etc. that employees/employers need to be of aware of. We recommend that any potential relocations from the countries affected by these measures be put on hold until the situation can be re-evaluated.

What action is required?

Please communicate these updates with your relocating employees and clients who may be impacted.

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Belgium, Czech Republic, France, Russia, Switzerland, Turkey, UK May 28-30 2020

What you need to know:

BELGIUM Schooling update

• Primary and Nursery Schools are allowed to reopen as of 5 June but schools decide whether or not this is feasible.

• Main criteria is the creation of “education bubbles”: all students of a (part of) class are to remain in contact within the bubble only. Bigger classes are split into smaller groups.

• Secondary schools can restart the 2nd and 4th year again for 2 days per week. 6th and 7th form were already allowed to go back to school.

• The remaining years (3rd and 5th) are likely to have a few days organized at a later stage.

Relocation services

• House search: as SIRVA see strict visiting protocols reducing the availability of possible appointments, the number of properties that can be viewed in one day are more limited than before. Important to note that the assignees are not allowed to be in the same car as the consultant due to distancing measures and is imposed by ministerial decree. Please advise your transferees to foresee in their own transport as much as possible.

• Registration at local authorities: appointments can now be booked again in some town halls but the recommendation is to hold off when possible or continue proceeding by online application only, providing their (IT) systems allows. The town hall reserves the right to cancel appointments it deems not pressing.

• Exchange of driver’s license: reopening of appointments noted in some town halls. • Schooling assistance: schools are reopening but until further notice, no visits of the

premises are allowed. • Immigration: still not possible to obtain visas for Belgium. Single permits (work

permit + residence permit) have only been impacted by delayed processes but are still being issued.

CZECH REPUBLIC

• Effective 26 May, third-country nationals without an existing Czech residence status must submit, upon entry, a negative PCRT test certificate supplemented by a certificate from the relevant laboratory, and undergo free movement limitations for 14 days. Entities receiving these third-country nationals must guarantee accommodation for the entire stay, transport from the border to the accommodation, transport between the accommodation and the worksite for 14 days, medical treatment, and return to the home country in case of loss of employment. Those confirmed by the relevant ministry to be essential workers may exceptionally enter without submitting a test results certificate but must undergo a PCR test for COVID-19 within 72 hours of entry and submit the results to the regional hygiene station.

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• Effective 27 May, EU nationals and third-country nationals with an existing Czech residence status must submit, on entry, a negative PCR test certificate (test may be performed on Czech territory), followed by free movement limitations for 14 days, OR undergo “necessary quarantine measures” as ordered by the regional hygiene station. If the foreign national resident has been out of Czech Republic for no more than 72 hours, no supporting medical document is needed, but the 14-day free movement limitation does apply.

FRANCE

• Workers with the nationality of an EU member state (including the UK) can enter and work in France under the posting regime if their assignment cannot be postponed. Before their arrival on French territory, the client sends proof of filing of the posted worker notification and all documents justifying the non-reportable nature of the assignment (if applicable, a declaration on free paper) to the address mail: [email protected]. To cross the border, the posted worker must have a certificate of international travel (which includes a declaration on honour of the absence of symptoms of COVID-19 infection) and proof of filing of the posted worker notification. European workers posted for more than 48 hours to France must be subject to a quarantine measure or any other equivalent measure in their country of origin.

• Seasonal agricultural workers with nationality or residence in an EU member state the Schengen area or the UK, Andorra, Monaco, San Marino or the Vatican are allowed to enter and work in France. To cross the border, the worker must present an individual travel certificate travel (which includes a declaration on honour of the absence of symptoms of COVID-19 infection); an “employer” certificate of international travel; and a declaration prior to hiring, or an acknowledgement of receipt of simplified agricultural job title (TESA or TESA+) or an employment contract concluded with a company in France. If staying in France for more than 48 hours, they must undergo a 14-day quarantine or, alternatively, the employer can provide accommodation at the worksite, which the seasonal worker does not leave for 14 days, or accommodation near the worksite with a strictly controlled commute.

Key points:

• As of May 20, the following foreign nationals may enter France: 1) Citizens of France, the European Union, Andorra, the U.K., Iceland,

Liechtenstein, Monaco, Norway, Switzerland, San Marino and the Vatican, as well as their spouses and children bearing the same nationality if they reside in France or if they are passing through France on their way to the country of which they are nationals or residents.

2) Third-country nationals whose main residence is in the above countries, and who hold a prior declaration of employment, a receipt with the Simplified TESA or the TESA+ order number, a contract of employment signed with a company or an agricultural company operating in France.

3) Posted European workers whose assignment cannot be postponed, and who hold a service agreement specifying assignment duration.

4) Seasonal agricultural workers. 5) Foreign nationals, as well as their spouses and children, with a valid French

or European residence permit who are traveling to their main residence.

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• All foreign nationals entering France must hold a travel certificate in addition to the other required documentation (e.g., proof of residence, work certificate, etc.).

• As of 25 May, travellers from outside of Europe are subject to 14-day quarantine. • Travellers flying from Spain will be asked to enter voluntary quarantine. This

measure shall also be implemented for travellers from the U.K. once the British quarantine has entered into force.

Additional information: France closed its borders in April, and the EU external border

closure will remain in force until at least 15 June.

RUSSIA Flight safety requirements

• Aeroflot have announced that all passengers will be required to wear masks and gloves throughout the duration of all flights. Passengers not wearing PPE will not be allowed to board the plane. Masks should be changed every three hours.

• A senior government employee posted this week that limited international flights will commence in July, and that charter flights will recommence only in September. We expect an official announcement soon. Initial flights will be for Russian nationals and those holding permanent residence permits, so some assignees will be excluded initially.

• Troika still have no indication on when foreign nationals will be permitted to return to Russia, but it does look like there will an obligatory 14 day quarantine for all passengers arriving in Russia.

Easing of Restrictions in Moscow On 27 May 2020, Moscow Mayor, Sergey Sobyanin signed Decrees №61-УМ and №62-УМ which on the one hand extend the present lockdown regime until 14 June, 2020, and on the other hand ease or abolish some of the restrictions.

• Starting June 1, 2020, Muscovites, including elder people over 65 and citizens with chronic diseases, can leave home for walks and sports. However, the following people are not allowed to do so:

1) citizens with COVID-19 2) citizens who are suspected of having a coronavirus infection or showing signs

of SARS, 3) people living with them, 4) citizens obliged to observe the regime of self-isolation by order of the

sanitary doctor (for example, after returning from abroad). • Except for Zaryadye, city parks and green areas will be re-opened for free access. To

prevent the risk of coronavirus infection, the mask regime will be strengthened. At the same time, attractions in the parks will not be working. Children's and sports grounds also remain closed for the time being.

• Outdoor sports will be allowed without restrictions daily - but only until 9.00 in the morning.

• Ordinary walks will be allowed from 9.00 to 21.00, but no more than 3 times a week - 2 times on weekdays and 1 time on a weekend. The schedule of “walking days” for residents of each building will be published on MOS.RU, the Internet portal Yandex and in mobile applications.

• More detailed information available HERE. Each residential building will have 3 allocated days per week when residents are permitted to walk outside. Our consultants are available to assist assignees who may require assistance

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understanding what days of the week they are allowed to walk outside. We advise assignees to carry their passports and migration registration forms.

• Starting June 1, 2020, car dealers and non-food stores will be reopened. Conditions allowing for social distancing should be created and an enhanced disinfection regime should be applied.

• All multi-services centres, dry cleaning reception centres, laundries, shoe and clothing repair shops and other household services that do not require prolonged contact with customers can resume work. Safety requirements are the same as in stores.

• From Monday June 1, 2020, the city bike rental will be fully operational and accessible to everyone. The only condition is that customers must use gloves or disinfect the handlebars, brake levers and other parts of the bicycle they were in contact with after the rental. The operator of the city bike rental will provide regular disinfection of bicycles.

SWITZERLAND From 30 May OPEN OR PERMITTED

• Gatherings of up to 30 people • Religious services (from 28/05/2020)

From 6 June MOST PUBLIC INSTITUTIONS / LEISURE ACTIVITES OPEN OR PERMITTED

• Events and demonstrations with up to 300 people • Training sessions for all sport • Classroom teaching • Theatres and cinemas • Zoos, botanical gardens, animal parks, mountain transport services • Swimming pools (open to the public) • Leisure establishments & mountain transport services

From 8 June

• The cantons will begin processing new applications for family reunion for family members of non-EU national C/B/L permit holders.

• The temporary suspension of the obligation to notify the job vacancies will be lifted. • The cantons will begin processing new permit applications for highly-skilled workers

from third countries if this is in the public interest, or if there is an urgent corporate need.

• The cantons will begin processing new permit applications and online registrations from workers currently residing in the EU/EFTA states.

From 15 June • In light of the positive trend with respect to the coronavirus in all four countries (CH,

FR, DE, AU), the FDJP, in consultation with the FDHA and the Federal Department of Foreign Affairs FDFA, will take the necessary steps to reopen the borders from 15 June, as previously announced, thereby abolishing all travel restrictions to these countries and re-establishing the free movement of persons.

• Family reunification will be possible again for all persons with a permanent residence permit, a residence permit, a short stay permit or who have been temporarily admitted to Switzerland, under the usual conditions.

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From 6-9 July (or before if possible) • Travel restrictions to be lifted for all Schengen states. • If developments with respect to the pandemic in Switzerland and in the EU/EFTA

permit, restrictions on entering, working and living in Switzerland will be lifted for all Schengen states from mid-June and no later than 6 July.

• Effective no later than 9 July, the Federal Council plans to lift all travel restrictions and re-establish the free movement of persons across the Schengen area.

Entry to Switzerland From 15 June

• Borders with France, German and Austria will be open again

From 6 July (at latest) • Borders with EU and EFTA countries will be open again

The services are now possible again, hygiene rules must be respected and flexibility is needed form everyone according to the COVID-19 situation at the time of the services. TURKEY

• Turkey will lift restrictions on intercity travel and allow restaurants, cafes, parks and sports facilities to reopen from June 1 as it eases restrictions imposed to curb the coronavirus outbreak.

• Beaches, parks, gardens, driving courses, museums, sports facilities, daycare centers and kindergartens will reopen from June 1. Bars, night clubs and hookah bars will remain shut.

• Accordingly, limited restrictions would remain in place on the movements of those aged over 65 and under 18. Youths aged 19 and 20 will now be allowed outdoors.

• The government has also opened shopping malls and hairdressers. Religious places will be reopen as of June 1 – gradually.

• The Government of Turkey announced that when domestic flights and trains resume, a personal HES (Hayat Eve Sığar) code will be mandatory for all passengers traveling on domestic transit. The HES code will be checked 24 hours prior to the trip and passengers will be notified regarding their status. Passengers who are not approved by the Ministry of Health to travel will not be permitted to travel. The HES code is valid only for a certain period and should be valid for at least 7 days beyond the trip. For more information on this code, including how to apply for a code, please visit: • https://covid19bilgi.saglik.gov.tr/tr/alinan-karalar.html • https://www.turkishairlines.com/en-tr/announcements/coronavirus-outbreak/hes-code/index.html

Planned action plan for the flights in Turkey:

• Domestic flights will start as of June 4 - gradually. • International flights will start as of June 10 - gradually.

UAE

• Ban on movement within, outside Abu Dhabi. Movement in and out of Abu Dhabi as well as between the emirate's regions of Abu Dhabi, Al Ain and Al Dhafrah has been banned for a week from 2 June.

Easing of restrictions for wearing masks:

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The new guidelines, aimed at ensuring the safety and wellbeing of the community, are based on the recommendations of the Covid-19 Command and Control Centre and a comprehensive review of global best practices. The Committee also decided to allow the public to remove their face masks temporarily outside the house strictly only under the following conditions:

• When driving the car alone or in the presence of the same household members • While eating or drinking in indoor and outdoor settings, for example in restaurants.

The public must however maintain physical distance with others. • When engaging in strenuous indoor and outdoor exercise or high intensity workouts,

as it may exacerbate known or unknown health conditions. Physical distancing must be observed at all times.

• While being alone with no people around - for example, in a private office setting. • When the risks associated with wearing the face mask outweigh the benefits, for

example while swimming or skydiving. • While undergoing specific treatments that require removal of masks, such as dental

work and eye, nose, and throat examinations, as well as other related treatments or examinations including those involving hair and beauty.

UNITED KINGDOM

• From 1 June, some UK Visa Application Centres (VACs) (and some English Testing Centres) abroad are resuming services, where local restrictions allow. This will initially be limited to Brisbane, Canberra, Melbourne, Perth, Sydney (Australia); Beijing, Chongqing, Guangzhou, Shanghai (China); Suva (Fiji); Hong Kong; Kuala Lumpur (Malaysia); Taipei (Taiwan); Bangkok (Thailand). Note that it is not yet possible to book a new appointment at a UK Visa Application Centre.

Who is affected? Anyone with existing appointment is eligible.

Key Points:

• The following service points will be open as of June 1: Birmingham, Birmingham Premium Lounge, Chelmsford, Croydon, Exeter, Leeds, London Mark Lane Premium Lounge, London Victoria, Manchester Fountain Street Enhanced Service Point, Manchester Premium Lounge, Sheffield and Southampton.

• Appointments cannot currently be booked at a UKVCAS service points. Only those with an existing appointment are eligible to use the services at one of the UKVCAS Centres that are reopening. Those with an existing appointment will be contacted.

• Service and Support Centres (SSCs) remain temporarily closed because of COVID-19.

The Home Office closed all visa application centres in March to mitigate the spread of COVID-19.

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Chile, Mexico, US May 28-30 2020

What you need to know:

CHILE

• The closure of all land, sea and air borders is extended until 3 June. MEXICO

• Processes for temporary or permanent residents, either in Mexico or abroad (including at Mexican consulates), are suspended until further notice

• These processes include renewals, change of status, change of employer, address, name, nationality or marital status and local registry. Any applications submitted during this period will be accepted but not processed until the end of the period of suspension.

US - 1

• Starting June 4, USCIS will re-open some of its local offices and Application Support Centers for in-person interviews and appointments.

• The offices that will be reopening include the local offices that process asylum claims, permanent resident and naturalization interviews, InfoPass appointments, and biometrics processing. USCIS has announced that they will send notices to individuals and their attorneys when the previously cancelled appointments have been rescheduled.

Who is affected? Those with immigration applications in need of processing or those with pending appointments. What does this mean?

• Office reopening dates will vary by location, so applicants must check the USCIS website for the latest information on a particular local USCIS office.

• Foreign nationals with green card interviews, naturalization interviews/ceremonies or biometrics appointments that were cancelled during the temporary closure can expect the appointments to be automatically rescheduled after the re-opening of their local USCIS office, but fewer appointments will be scheduled on a daily basis, and new safety precautions will be required of applicants.

US – 2 Companies wrestling with the economic effects of COVID-19 are facing difficult choices regarding furloughs, layoffs and reductions in employee pay and hours. Decisions regarding H-1B employees require an additional layer of compliance. Who is affected? Employers with H-1B workers

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What does it mean? Employers should carefully consider all H-1B requirements to ensure they remain in compliance with regulations and to help minimize negative consequences for their H-1B employees’ immigration status. H-1B employers are obligated to pay the “required wage” for H-1B employees for the duration of their authorized employment. The required wage means either the “prevailing wage” for the occupational classification in the area of employment or the “actual wage” the employer pays to similar employees—whichever is greater. A company that reduces an H-1B employee’s pay cannot generally reduce it below the required wage, unless the employer completes a “bona fide” termination of the H-1B employee.

Employers who terminate H-1B employees before the end of their period of authorized employment must fulfill certain legal requirements for it to be considered “bona fide.” The employer must notify both the employee and U.S. Citizenship and Immigration Services of the termination so that the H-1B petition will be withdrawn, and offer to pay the reasonable costs of the employee’s return transportation abroad. A company that does not carry out a bona fide termination may be liable for back wages and payment for the employee’s return transportation. Companies seeking to reduce the hours of H-1B employees should be mindful of regulations that prevent employers from “benching” H-1B employees during times of slow production. Under these regulations, employers must continue to pay H-1B employees the required wage if their nonproductive status is related to a decision by the employer. This includes the lack of assigned work or waiting for a new project. There are limited circumstances where an employer need not pay the required wage because of conditions that are unrelated to employment, such as an employee’s voluntary request for leave or incapacitation.

In general, full-time H-1B employees must be paid the full-time required wage even if their number of productive hours drops below full-time; part-time workers must be paid for the number of hours stated on the H-1B petition. If the H-1B petition lists a range of hours for a part-time worker, the employer must pay the required wage for the average number of hours normally worked by the worker (but not below the minimum hours listed on the H-1B petition). Employers may also want to consider how the timing of terminations may affect an H-1B employee’s immigration status and ability to remain in the country. H-1B employees who are terminated may have a grace period of up to 60 days for a new employer to file an H-1B petition on their behalf or to file for change of status to another non-immigrant category, otherwise they will fall out of status. Foreign nationals who fall out of status may begin to accrue unlawful presence, which can prevent them from returning to the U.S. Terminations may also impact a company’s recruitment, green card sponsorship and talent retention down the road. This includes the costs of losing global talent after having invested in an H-1B process that has become increasingly challenging. What action is required?

Employers pursuing terminations and layoffs should weigh the numerous immigration considerations and consult with counsel to make sure that they are meeting all compliance obligations and protecting their employees and the company’s long-term interests. Please contact your immigration provider if you have any queries.

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This is a summary listing of information disseminated by SIRVA, based upon information received by SIRVA. Additional information may be available directly from local suppliers. Information is provided as a convenient resource, but SIRVA cannot be responsible for the content of external links or the accuracy of third-party information. This information contained here is meant to be informational and is not intended as a substitute for legal advice. Readers are reminded that immigration laws are subject to change. We are not responsible for any loss arising from reliance on this publication.