Legal Question in Employment Law in New Jersey

Is it legal for my company to eliminate my job while employing H1-B Visa holders through a consulting agency? I work with a few consultants whom I know are H1-B visa holders. They work through a consulting firm. My company is rumored to be planning layoffs. Isn't the purpose of the visa to find workers that they can't find in the US? If so, wouldn't it be illegal for them to eliminate jobs while still using visa holders?


Asked on 8/12/10, 5:23 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

I know of no prohibition against a company keeping H1-B visa labor while downsizing in other areas. You are correct that the concept of the temporary worker visa program is that the visas are necessary to fill shortages of talent. It would follow that there should be a remedy if the program is being abused but it is not obvious that there would be a civil remedy that you could pursue yourself. Perhaps you will get another attorney to comment and tell us both more. If it turns out that you are harmed by a layoff and want to pursue the matter further, feel free to contact me. /p/ See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/17/10, 8:53 pm


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