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US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

Employer Obligations Upon Termination: The "Home Ticket" Rule

4 months ago By Chief Editor
Question details

If an employer terminates an H-1B worker, are they legally required to pay for the worker's flight back to their home country?

Yes. Under federal regulations, if an employer terminates an H-1B employee before the end of their period of authorized stay, the employer is liable for the reasonable costs of return transportation to the worker's last place of foreign residence. This does not apply if the worker resigns voluntarily. If an employer refuses to provide this, the worker may file a complaint with the Department of Labor (DOL) Wage and Hour Division.

Concerns regarding nonpayment of wages and potential H-1B impact

1 year ago By Chief Editor
Question details

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

FAQ Transcript

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

  • File a complaint with the U.S. Department of Labor's Wage and Hour Division.
  • You can file online or by phone (search for "LCA complaint US Department of Labor").
  • This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
  • Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
  • Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
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