The ARB, in a Decision dated September 29, 2006 (AMTEL Group of Florida, Inc. v. Rungvichit Yongmahapakorn ARB, Case No. 04-087), held that the H-1B employer did not effect “bona fide termination” of employment when they failed to notify the USCIS promptly upon letting go of the H-1B worker. Until this is done, the employer has a continuing obligation to pay the required wage. Therefore, employers must notify the USCIS when termination occurs and must follow internal procedure when terminating an H-1B employee for any reason. Bonafide_Term Case.
