Employer Obligations Upon Termination: The "Home Ticket" Rule

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?

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.

Agency