The prospect of obtaining a work
visa to USA is an exciting one for most people, who are quick to accept any
position in order to qualify for a visa. These people pay huge sums of money to
their consultancies in the hope that they will be able to get an employer who
is willing to sponsor them for a visa to America.
The employment conditions that
are obtained in this manner are often below par, and not up to the standards
one would expect from a company in the developed world. Yet, every year
thousands of workers are cheated by fake consultancies into accepting job
offers that are sub-par and do not meet the minimum wage standards, luckily for
them the US government has put in place a number of measures to protect the
rights of the workers, one of these measures is entitled the ‘Consolidated
Omnibus Reconciliation Act’ and is popularly known as COBRA
What is COBRA?
The COBRA is a federal law in the
United States that ensures that workers in the country continue to receive
health insurance even after they have been laid off or have left the company
they are working for. Even dependent spouses of temporary workers in USA are
covered and they can claim health insurance under COBRA in the event of
separation or divorce. This is especially heartening in the case of workers who
have been cheated by fake consultancies into
accepting a job that is not amenable to them. In this scenario, even if the
worker decides to leave the position, he will be eligible for health insurance
under COBRA. The COBRA ensures that every person gets some form of medical
coverage in spite of his economic situation and health conditions
What are the requirements for COBRA
Any person who is working in the
USA is eligible for COBRA and can choose to elect the same for himself and his
family in the following scenarios
- 1. He resigned from his position
- 2. He was terminated from his position, except in case of gross misconduct
- 3. His daily work hours were reduced, and he no longer qualifies as a full-time employee
- 4. His spouse can claim COBRA in case of his death or a divorce
- 5. His children can claim the same, once they are 26 years old and no longer dependent on him
The employer’s responsibility with respect to COBRA
The law is applicable to private
sector companies, which employ more than 20 people. According to the law, the
employer is expected to provide health insurance to all employees who are in a
full-time position at the company. In the event of resignation or termination
of services of an employee, the company must notify the health plan within a
period of 30 days. Spouses who have been divorced and children, who have lost
their parent’s coverage on account of losing dependent status, have up to 60
days to notify COBRA about the change of status
The law has been put in place to
avoid undue exploitation and denial of benefits to workers by unscrupulous
corporations. The US government has passed many such laws to protect the rights
of the workers however the best protection from being cheated is to do your own
research before you approach an immigration consultant. The
feedback that is received from previous clients can give you an insight into
the quality of service of any consultancy. To view the feedback from Global
Tree clients, you can look for Global Tree reviews.
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