In a recent opinion piece published by Boston Business Journal, L&A Partner Keith F. Noe argues that the H-1B visa program functions as a de facto noncompete agreement and that Massachusetts policymakers should study whether federal immigration rules undermine state-level worker mobility goals.
For employers — particularly in the life sciences, technology and innovation sectors — the structure of the H-1B program raises important questions about worker mobility, wage competition and talent retention in an era where noncompete agreements are under attack.
An H-1B visa allows U.S. employers to hire foreign workers in specialty occupations, with the employer sponsoring the worker. To maintain the H-1B visa, the foreign worker must maintain employment with their sponsoring employer. If employment ends, the foreign worker must either leave the U.S., seek a change of status, or obtain a new H-1B sponsorship.
Read the full article at bizjournals.com. [subscription required]
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