On May 5, 2020, North Carolina finally officially eliminated the $250,000 Liquidated Damages Provision from its NIW policy. The Liquidated Damages Provision was previously attached to the NIW guidelines. This policy mandated that if NIW employment was terminated for any reason by the employer before the employee fulfilled the minimum 5-year service requirement, this would be considered a breach in the conditions set forth in the National Interest Waiver Affidavit and Agreement. Due to this breach, the employee would need to pay $250,000 in damages for failure to fulfill the 5-year minimum term. In addition to liquidated damages, the North Carolina Office of Rural Health could also require more. But, now that this policy is no longer in effect, if an employer terminates NIW employment the employee will not need to pay this amount.
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