To effect the termination of the H-1B employer-employee relationship prior to the expiration date of the H-1B petition, an employer is obligated to:
- notify the H-1B worker of the early termination;
- notify the U.S. Department of Homeland Security of the termination date; and
- provide the H-1b worker with payment of the return transportation to her home country.
In general an H-1B employer, who seeks to terminate employment of an H-1B worker prior to the expiration of the H-1B petition validity dates, must fulfill these steps to be relieved of the obligation to pay the H-1B worker the required wage. The employer may not be required to pay the return transportation where the H-1B worker does not intend to return to his/her home country.
We suggest that the H-1B employer document the H-1B worker’s intention to remain in the U.S.
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©Scott Global Migration Law Group, 2017