H-1B and maternity leave: can my employer fire me?

As a general rule, no — not for that reason. The H-1B visa ties your immigration status to your sponsored employment, but that does not place you outside the employment protections that apply to any employee in the United States, including during pregnancy and maternity leave.

U.S. labor law generally prohibits employers from taking adverse employment actions solely because of pregnancy or the need to take leave. Taking leave you are entitled to cannot, by itself, be used as justification for termination or discriminatory treatment.

This does not mean absolute job security: a termination can occur if it is based on objective criteria, such as performance or a genuine business need, as long as it is not a pretext for discrimination. If a dismissal happens during leave and there are indications that maternity was the real reason, the case may involve a violation of rights.

Since each situation has its own particularities and involves both the employment and immigration sides, the most prudent course is to seek specialized guidance and review your rights through official sources before making any decisions.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.