"Demands" of new HB1 employee

E

EmployerPA

New Member
After 3 years of working from his home in Europe, my employee requested to come here with his family. I agreed to help him. His family has been here 2 months and he has started saying that he has "rights" to insurance coverage, raises, etc. I had told him before he arrived that he would have to pay for his own insurance. We also dicussed pay scale before he arrived. I have offered to help him find insurance, but it was never mentioned before he came to the US. My husband and I work out of our home and he is the only employee. Bringing him here has cost us much money, but we wanted to help. He also did not tell me that he has a disabled son and wants to get coverage for his son. Because I want to help his son, I have offered to secure insurance possibilities but it is taking me awhile to find a company that will cover a "pre-existing condition" and he is getting angry.

Is there some liturature that will explain that insurance isn't "automatic" - not even for US citizens?

He is very upset and I am doing the best I can do to find something for him. He believes I "owe" it to him. I want to help his son, but this is putting me in a difficult situation. This is not what I had envisioned.

I think he also may be looking for other employment while working for me - is this legal?

He is living in my house rent free and using my car without paying for insurance or rental and is still thinking he is deserving more. I do not know where he is getting these ideas and would like to inform him (and me) of what is legal and not legal. Is there a website or something I could research?

If I am simply tired of all this, can I "share" his HB-1 VISA with another company so he can work part-time for me or on an "as-needed" basis? I don't want to cancel his VISA because of his son and because I would like to continue to utilize his talents now and then. Perhaps a larger company could give him what he is complaining for.

Thank you
 
EmployerPA said:
After 3 years of working from his home in Europe, my employee requested to come here with his family. I agreed to help him. His family has been here 2 months and he has started saying that he has "rights" to insurance coverage, raises, etc. I had told him before he arrived that he would have to pay for his own insurance. We also dicussed pay scale before he arrived. I have offered to help him find insurance, but it was never mentioned before he came to the US. My husband and I work out of our home and he is the only employee. Bringing him here has cost us much money, but we wanted to help. He also did not tell me that he has a disabled son and wants to get coverage for his son. Because I want to help his son, I have offered to secure insurance possibilities but it is taking me awhile to find a company that will cover a "pre-existing condition" and he is getting angry.

Is there some liturature that will explain that insurance isn't "automatic" - not even for US citizens?

He is very upset and I am doing the best I can do to find something for him. He believes I "owe" it to him. I want to help his son, but this is putting me in a difficult situation. This is not what I had envisioned.

I think he also may be looking for other employment while working for me - is this legal?

He is living in my house rent free and using my car without paying for insurance or rental and is still thinking he is deserving more. I do not know where he is getting these ideas and would like to inform him (and me) of what is legal and not legal. Is there a website or something I could research?

If I am simply tired of all this, can I "share" his HB-1 VISA with another company so he can work part-time for me or on an "as-needed" basis? I don't want to cancel his VISA because of his son and because I would like to continue to utilize his talents now and then. Perhaps a larger company could give him what he is complaining for.

Thank you
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An H-1B visa is not something that is intended to "help" people who want to come to the United States. It is intended to be used to fill available positions in the US that do not have workers available to fill them. It seems that you misused the H-1B system and now are finding that there are obligations attached. Yes, there are. You cannot "share" and H-1B visa. You may be able to contract the employee out to another business but that would depend on how the job was described to USCIS. If the person has been in the US for more than 30 days, the person MUST be paid in accordance with the H-1B petition and LCA. You can be sued for failure to pay and this may even cause you to be responsible to pay the person's attorney fees.

You have created a complex situation for yourself and it may cost you to get out of it. Do NOT speak to a regular employment attorney as they know nothing about the obligations imposed on H-1B employers in most cases. You need to speak to an immigration attorney immediately. The situation will get worse over time since the H-1B employee must be paid in accordance with the approved LCA and I-129 petition, regardless of whether you have any work for the person or not.

Speak to a qualified immigration attorney immediately.
 
Full Story

The VISA was for the person to work as my employee - at the listed rate in all the paperwork. I interviewed extensively here in the states before going internationally. My questions had to do with AFTER he began working on the VISA and revealed the with-held information about his son. I did not bother going into the details of why I applied for the VISA in my post - I needed his talents and am paying him as described in our paperwork.

My questions come from his demands for more than what was in the paperwork for the VISA.

Sorry to have not explained fully.

I thought I read that there could be secondary employer.... Then my only choice is to cancel his VISA?
 
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