Important H1B Requirements - After Filing

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Employer’s Obligations

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Applicant’s Obligations

Comply with the terms and conditions of the H1B approval during the period of sponsorship

Notify Kenyon of any potential delays in beginning employment once H status is granted

Communicate to the applicant his/her H1B obligations       

Obtain H1B visa stamp if outside the U.S. and/or there is a need to travel abroad before beginning the H1B employment

Note H1B approval dates, employment details, anticipated changes in job duties

If there is a change of employment, plan ahead for job transfer

Note applicants requirements for foreign travel and plan travel in advance

Comply with the terms of the H approval by only performing duties as defined on the petition and LCA

Ensure payment of LCA wages

Comply with I-9 requirement

Comply with I-9 requirements

Maintain H1B status by noting important dates

Ensure compliance with E-Verify

Notify Kenyon of any voluntary leave of absence, filing and/or approval of any concurrent, amendments, extensions, or ported H1B petitions/approvals

If applicable, notify employee of termination of H1B sponsorship if employment is terminated prior to expiration date; withdraw the LCA online; and send a written request to USCIS to withdraw the H1B petition.

Notify Kenyon of any voluntary resignation or termination

Pay reasonable H1B transportation costs for the ex-employee should employment end.

Notify Kenyon of any dependent issues