elaws - H-1B Advisor

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H-1B Advisor

When you terminate an H-1B worker prior to the expiration of the worker's visa, you 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 that you 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 you to provide the H-1B 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