DOL FAQs
Voluntary Unpaid Leave for H-1B Workers
Question
Can an H-1B employee take voluntary unpaid personal leave without violating wage requirements?
Employer Obligations Upon Termination: The "Home Ticket" Rule
Question
If an employer terminates an H-1B worker, are they legally required to pay for the worker's flight back to their home country?
Answer
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
Question
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?