When an H-1B visa holder is terminated from their job before their authorized employment period ends, the employer is responsible for covering the cost of their return ticket to their home country. This is outlined in the U.S. Department of State’s guidance, specifically in 9 FAM 402.10-16 (U), which addresses return transportation for H-1B and H-2B workers terminated involuntarily.
Key Points to Remember
- Employer Responsibility: If an H-1B worker is dismissed (involuntarily terminated) before their authorized stay ends, the employer must pay for the “reasonable cost” of transportation to the worker’s last foreign residence.
- Voluntary Termination: This rule does not apply if the H-1B worker resigns or voluntarily leaves the job. In this case, the employer is not required to cover travel expenses.
Important Details from the Law
According to 9 FAM 402.10-16 (U), the employer’s obligation to cover return transportation applies only when the termination is involuntary. This ensures that foreign workers are not stranded in the U.S. without a means to return home.
What Is “Reasonable Cost of Transportation”?
“Reasonable cost” refers to a one-way economy airfare to the worker’s last foreign residence. It does not include costs for family members or personal items beyond standard luggage.
What Happens After Termination?
If an H-1B worker is terminated, they generally have a 60-day grace period to:
- Find a new employer to sponsor their H-1B visa.
- Apply for a change of status.
- Prepare to leave the United States.
If the worker cannot secure a new visa or status within this period, they must leave the U.S., and the employer is responsible for the travel costs under the involuntary termination rule.
Conclusion
Employers of H-1B visa holders must pay for the worker’s return ticket if the termination is involuntary. However, if the employee quits or resigns, the employer is not required to cover transportation expenses. This rule ensures that H-1B workers are treated fairly if their employment is unexpectedly cut short. For more complex situations, consulting an immigration lawyer is advisable.
Schedule a Consultation with an Immigration Lawyer
Citations
9 FAM 402.10-16 (U) Return Transportation if H-1B or H-2B Employment Terminated Involuntarily
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You may have questions regarding H1B visa requirements. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
