Hedge fund non-competes for international employees

Based on the most helpful WSO content, navigating non-compete clauses as an international employee on OPT or H1B visas in the hedge fund industry can indeed present unique challenges, especially regarding maintaining legal status in the U.S. if one finds themselves unemployed due to a non-compete clause. However, the context provided doesn't specifically address the nuances of visa status maintenance during the non-compete period for international employees.

Generally, for individuals on H1B visas, maintaining legal status is tied to employment. If you're terminated and your non-compete clause prevents immediate employment elsewhere, this could potentially jeopardize your visa status, as H1B holders are required to be employed by the sponsor company. For OPT (Optional Practical Training) participants, there's a bit more flexibility, but they are still required to be employed in their field of study to maintain status, and there are limits on how long they can be unemployed.

In practice, individuals facing this situation might explore several options to maintain their status, such as:

1. Negotiating with the current employer: Sometimes, if the non-compete clause is being enforced, the employer might still provide some form of compensation or find a way to keep the individual on a form of payroll to help maintain visa status. This is not guaranteed and would depend on the employer's policies and the individual's negotiation.

2. Seeking legal advice: It's crucial for individuals in this situation to consult with an immigration attorney who can provide advice specific to their case. There might be legal avenues to challenge the non-compete or find alternative ways to maintain status.

3. Looking for alternative visa options: Depending on the individual's situation, there might be other visa categories they could qualify for that would allow them to maintain their status independently of employment.

4. Utilizing grace periods: Both H1B and OPT have grace periods (60 days for H1B, 90 days of unemployment allowed on OPT) that can provide a temporary buffer to find new employment or sort out visa status. However, this is a short-term solution and requires immediate action.

Remember, each situation is unique, and the best course of action can vary greatly depending on individual circumstances, the terms of the non-compete, and the willingness of the current employer to negotiate. Always seek professional legal advice when dealing with complex issues like visa status and employment law.

Sources: How do non-competes work when you want to quit?, Leaving for another fund - How to deal with current employer?, My Advice for International Students in the US (F-1 Visa, OPT, CPT, H-1B), FOMC Texas Showdown | The Daily Peel | 6/2/2023