INS Advises on Terminated H and L Nonimmigrants

Harry J.Joe, Esq.
Jenkins & Gilchrist
Fountain Place
1445 Ross Avenue, Suite 3200
Dallas, Texas 75202-2799

Dear Mr. Joe:

This refers to your letter of November 20, in which you pose a question concerning the H and L nonimmigrant classifications.

In the scenario described in your letter, a company which employs both H-1B and L-1 nonimmigrant aliens has undergone a reduction in force. The H-1B and L-1 workers receive notice that their employment will be terminated on March 1, 1999. The company will continue to pay each employee his or her normal compensation, insurance, and employee benefits for a sixty-day period between March 1, 1999 and May 1, 1999 as a severance benefit. The alien's period of authorized stay expires sometime after May 1, 1999. You question whether the aliens will be maintaining a valid nonimmigrant status between March 1, 1999 and May 1, 1999.

An H-1B nonimmigrant alien is admitted to the United States for the sole purpose of providing services to his or her United States employer. Once the H-1B nonimmigrant alien's services for the petitioning United States employer are terminated, the alien is no longer in a valid nonimmigrant status. Therefore, the aliens described in your scenario are not maintaining a valid nonimmigrant status once the employer, regardless of any arrangements for severance pay, terminates them. The affected persons should depart the United States upon the termination of their services or seek a change of immigration status for which they may be eligible.

I trust this response satisfactorily addresses your concerns.

Sincerely,

Thomas W. Simmons
Branch Chief
Business and Trade Branch