As a general rule, yes, when the termination comes from the employer. If the company ends the employment relationship before the authorized period in the H-1B petition expires, it is typically responsible for covering the reasonable cost of returning the worker to their home country or last place of residence outside the United States.
This obligation exists to protect the professional who came to the country under specific conditions and should not be left without support when the departure was not their choice. The key factor is who initiated the decision:
- Termination initiated by the employer: the company is generally responsible for the cost of return.
- Voluntary resignation by the employee: this obligation typically does not fall on the company.
Each case may have nuances depending on the contract and other factors, and the applicable rules are set by immigration authorities. Because this is a sensitive area, it is worth reviewing the current conditions through official sources (USCIS) and seeking specialized guidance, both from the employer’s and the employee’s perspective.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
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.