Can the H-1B be cancelled if I request maternity leave?

It is important to understand that the H-1B visa is strongly tied to the employment relationship with the sponsor, and there is no automatic rule that cancels the visa simply because the worker requests maternity leave.

If your maternity leave is provided for in the company”s policy and complies with the legal requirements of labor legislation, it should not, by itself, lead to the cancellation of your visa.

In the United States immigration environment, the main factor is the maintenance of the employment relationship. As long as the employer continues to honor the contract and offer the position for which the visa was granted, maternity leave does not change this condition.

However, if the leave is considered a substantial interruption of employment or if there is a significant change in the terms of employment affecting the sponsorship status, it is wise to discuss these issues internally (with HR or the company”s legal department) and, if necessary, seek specialized guidance.

It is always worth remembering that compliance with immigration and labor laws is essential. Therefore, in any situation involving changes in your employment condition or doubts about maintaining your immigration status, it is recommended to consult a reliable source or an expert in the field, in order to avoid surprises or even falling victim to scams and marketing campaigns that promise guaranteed results.

Staying well informed and acting according to American laws is the best way to preserve your H-1B visa and ensure the security of your immigration status.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.