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Should I be Worried About Hiring Someone with an H-1B or J-1 Visa?

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Questions are often raised by people who own companies or factories about whether they should be worried about hiring employees from other countries that come here on a J-1 visa (a student visa/travel visa) or on an H-1B visa (a work visa). For both visa types, if you are in strict compliance with the visa requirements, no, you need not worry. But, if you’re not in strict compliance with the visa requirements, then yes, you there may be some concern.

It’s perfectly legal to employ people under work visas and even student visas, provided that all of the requirements are met. With the student visa or similar visas, there are certain things that must be done to provide cultural activities in addition to work. The circumstances by which the person came here and the length of time that they’re here, all of those things are regulated, and the company has the responsibility, to some extent, to make sure that the person is in compliance and the company is in compliance with those regulations. Sometimes these individuals overstay their visas. Other times, things can happen which can fall into the gray area where someone could later say that a crime was being committed and the company was a part of that.

Certainly, if you have employees who work here under different types of work visas, and are from other countries, then it’s an issue that you should take very seriously and even if there are no problems, reaching out to an attorney to make sure you’re in compliance is a good idea.

If the government is already accusing you of having done something wrong, or if an investigation has been started, you certainly should seek legal advice to make sure that no harm is going to come to you or your company.

If you or someone you know has concerns about your compliance with J-1 or H-1B visa requirements, the attorneys at the Complete Legal Defense Team may be able to help. Call 843-626-5480 to schedule a confidential consultation.

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