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(b Displacement, for purposes of this section, has two components: "lay off" of U.S. worker(s), and "essentially equivalent jobs" held by U.S. worker(s) and H-1B nonimmigrant(s).
What if the Audit Determines Your I-9s are Not in Compliance, or Your Worker(s) are Illegal?
(iii) Pay such worker(s) the actual cost of travel, meals and incidental or miscellaneous expenses (for both workdays and non- workdays).
An employer that is subject to these additional attestation obligations (under the standards described in § 655.736) is prohibited from displacement of any U.S. worker(s) - whether directly (in its own workforce) or secondarily (at a worksite of a second employer) - under the standards set out in this section.
(ii) The employer's exercise of due diligence may require further, more particularized inquiry of the other/secondary employer in circumstances where there is information which indicates that U.S. worker(s) have been or will be displaced (e.g., where the H-1B nonimmigrants will be performing functions that the other/secondary employer performed with its own workforce in the past).
Hence, severance pay reduces the employer's threat point (( {overline{H}}-F)), whilst it increases the worker' s threat point ((overline{ V}^{U}+F)).
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CEO of Professional Science Editing for Scientists @ prosciediting.com