- Employer Requirements - What are the requirements for an employer who has laid-off an employee in H-1B status?
USCIS Response: U.S. employers are required to notify USCIS if there has been a material change in the terms and conditions of the H-1B nonimmigrant's employment, including if the alien has been laid-off or otherwise terminated. See 8 CFR 214.2(h)(11)(i)(A). Once USCIS has received notification of the termination, it may revoke the approval of the petition. If USCIS decides to revoke the petition, it will communicate that decision to the petitioner.
Additionally, the employer will be liable for the reasonable costs of return transportation of the alien to the alien's last place of foreign residence if the alien is dismissed from employment by the employer before the end of the period of authorized admission period. If the beneficiary voluntarily terminates his or her employment prior to the expiration of the validity of the petition, the alien has not been dismissed. See 8 CFR 214.2(h)(4)(iii)(E).