Fillable W&m H1b Departmental Sponsor Form (Page 3 of 3) in pdf

Outline of legal obligations regarding H1B sponsorship

If you have any questions or concerns about the following provisions, please do not hesitate to contact Stephen Sechrist,

at (757) 221-3437 or sjsech@wm.edu.

In sponsoring____________________________________ for H1B status, we certify that the information provided on

page 1 and 2 of this form is correct to the best of our knowledge. Additionally, we agree to the following conditions:

•

Whistle blower protection: An employer may not discharge or otherwise discriminate against an employee,

former employee or applicant because such individual has disclosed information to the employer or anyone else

regarding a potential violation, or for cooperating in an investigation or proceeding.

•

Prohibition on “unconscionable contract provisions”: Employers may be fined $1,000 per violation if they

require an H-1B nonimmigrant to pay a penalty such as pursuant to a liquidated damages clause (as determined

under state law) for leaving the employer’s employ before a date agreed to by the nonimmigrant and the

employer.

•

No “benching” rule: Employers must pay H-1B non-immigrants the required wage for the full hours specified on

the H-1B visa petition even if the beneficiary is in nonproductive status due to a decision by the employer, or

based on the nonimmigrant’s lack of a permit or license. In other words, full-time employees must be paid full-

time wages. This provision does not apply for nonproductive time due to non-work-related factors, such as

voluntary absence or circumstances rendering the individual unable to work.

•

Pay Return Flight: Under H-1B regulations, an employer will be liable for the reasonable costs of return

transportation of the H-1B employee to the place of his/her last foreign residence, if the employee is dismissed

from employment by the employer before the end of the period of authorized H-1B admission. The department

is responsible for this cost.

•

Payroll & Benefits: Employers must offer H-1B employees benefits and eligibility for benefits (including

participation in health, life, disability, and other insurance plans, retirement and savings plans, bonuses and

stock options) on the same basis and in accordance with the same criteria as are offered to U.S. workers. The H-

1B employee must be put on payroll and benefits must go into effect within 30 days of the employee’s start date

or entrance into the United States in H-1B status.

•

Change in employment: Changes of job duties, location of employment, addition of supervisory responsibilities,

reduction of salary, and other material changes may require that an amended H1B petition be filed and could

trigger export controls. The employing department will contact the Reves Center in advance if such change will

occur.

__________________________________

_______________________________________

__________________

Supervisor (print name)

Supervisor (signature)

Date

__________________________________

_______________________________________

__________________

Chair/Director (print name)

Chair/Director (signature)

Date

Final Document Checklist:

Submit this form and the document(s) below to Reves Center, Attn: Steve Sechrist

•

Employer letter (you may use the template)

•

Copy of position description (if one exists)

Questions? If you have any questions or concerns about the H1B sponsorship process, please do not hesitate to contact

Stephen Sechrist, at (757) 221-3437 or sjsech@wm.edu.

Page 3 of 3

W&m H1b Departmental Sponsor Form Page 3

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