Laying off an employee who has a sponsored H-1B visa

Q: We're planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow?

Yes, there are specific obligations employers must adhere to when firing an H-1B nonimmigrant worker. First, the employer must notify the impacted H-1B worker in writing of the termination and offer the reasonable cost of return transportation to the employee’s last place of foreign residence. It’s best for this offer of return transportation to also be communicated to the employee in writing. The employer isn’t obligated to pay return transportation costs for the employee’s family members or household items, and this obligation doesn’t arise if the employee quits the job.

In addition to these obligations to the employee, the employer must also notify United States Citizenship and Immigration Services (USCIS) regarding the termination and request to revoke the employee’s H-1B petition. This notice to USCIS should be sent with tracking so that the employer has notification that USCIS has received the request. 

Employers should also note that H-1B workers are generally entitled to a 60-day grace period following termination to seek sponsorship by a new employer provided that their H-1B or I-94 is not set to expire within that period. During this grace period, H-1B workers may be able to maintain their nonimmigrant status if a new employer files a petition on their behalf.