elaws - H-1B Advisor

H-1B Advisor

When an employer terminates an H-1B worker prior to the expiration of the worker's H-1B visa, the H-1B employer must:

Give the H-1B worker clear notice of the termination of employment;
Provide notice of any separation to U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS); and
Document the above actions.

DHS regulations require the H-1B employer to notify USCIS that the employment relationship has been terminated so that the approval of the petition can be revoked (8 C.F.R. 214.2(h)(11)). These regulations also require the H-1B employer to provide the employee with an offer of transportation home under certain circumstances (8 C.F.R. 214.2(h)(4)(iii)(E)).

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H-1B Advisor Glossary of Terms | Wage and Hour Division