One Point Advice: H-1B Worker’s Termination
US companies employing workers in H-1B visa status must be careful when terminating these employees. There are several considerations that must be taken into account when dealing specifically with H-1B employees.
- USCIS Notification of Termination: US employers must promptly notify USCIS of any H-1B worker’s termination without exception and should keep documentation of all communications with USCIS as evidence of compliance with federal regulations.
- Reasonable Cost of Return Transportation: US employers are liable for the reasonable costs associated with the H-1B employee’s return transportation fees to his or her home country. Please note that this duty does not extend to the employee’s family members or personal property. Even though an employee may not elect to return to his or her home country upon termination, payment of these costs to the employee is likely required in order to prove the employee was terminated in a bona fide manner.
- US Department of Labor: in order to avoid any issues with unpaid wages or claims by the terminated H-1B employee, US employers should withdraw the H-1B employee’s Labor Condition Application (LCA) filed with the US Department of Labor. Failure to adhere to these requirements could result in an award of back pay to the terminated H-1B employee throughout the duration of the LCA.
Since these unique requirements exist upon the termination of an H-1B employee, employers should contact RBL Partners if they have any questions or concerns about this matter.