The H-1B is a nonimmigrant visa category employers typically use to hire foreign professionals to work on a temporary basis in the United States. Employers just starting to use the H-1B category often try to avoid the complex issues raised by these visas; they may tell employees that the immigration part of their employment is the employees’ problem.
But this approach is incorrect and poses risks. Lawyers must recognize the complexity of this category and educate their employer-clients about the law, the related regulations and the consequences of a violation.
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