H-1B Frequently Asked Questions for Managers
The following Frequently Asked Questions are for Tufts University hiring managers and personnel responsible for overseeing the recruitment and ongoing employment of international employees working at Tufts on the basis of an H-1B temporary work visa. If there any questions, please contact the International Center directly to speak with your H-1B advisor.
Benefits and Leaves
H-1B workers should receive the same Tufts benefits that other US workers occupying the same or similar job would be given. There should be no distinction based on the employee's immigration status. Conversely, there is no requirement to provide additional employee benefits beyond what would be available to similarly employed and benefits-eligible US workers.
In principle, yes - as long as unpaid leaves are available under the University's standard HR policies governing the employee's position. However, it is important for workers and managers to discuss unpaid leave situations with the International Center, as it may intersect with other visa considerations - including visa extensions, international travel, and related matters. In addition, any unpaid leave must be voluntary and at the request of the employee. This should be documented not only through standard HR procedures but also communicated to the International Center for inclusion in the employee's public access file.
H-1B regulations prohibit 'benching' an employee, whereby the employer makes a decision to withhold wages because that employee has been placed into a non-productive role or status. In this situation, Tufts would be required to continue meeting its wage obligations even if the employee is no longer being given work-related duties. Benching is distinct from bona fide terminations, whereby the employment relationship ceases to exist.
Recruitment
No. Departments and hiring units should follow standard recruitment processes when filling positions that may lead to the recruitment of an H-1B temporary worker. While departments are not required to sponsor foreign nationals for employment, hiring managers should work with their HR recruiter for guidance on recruitment strategies appropriate to their staffing needs.