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1 – If an employee leaves prior to the end of their contract on H-1B, can we recoup the expenses we paid to sponsor them for the H-1B, like the USCIS filing fees and legal fees? H-1B employees may not be subjected to penalties for leaving the sponsoring employer. Employers may not recover their normal business expenses from an H-1B employee. The Department of Labor’s regulations explicitly prohibit an employer’s recovery of some of the H-1B petition-related filing fees: $460.00; $500.00; $750.00 or $1500.00; along with legal fees paid to an Attorney to prepare and file the case with the USCIS. An employer may recover the filing fees paid for any H4 dependent filing fees and legal fees associated with the H4 filing.
2 – What happens to my H-1B employee if I terminate them prior to the end of their validity period? The H-1B employee will have a period of 60 days, a grace period, in which to find another employer willing to sponsor their H-1B (i.e., an H-1B transfer), or they may change status to another status (if eligible), or they may decide to leave the United States. If they decide to leave the United States, then you as employer are responsible for covering their reasonable expenses associated with the trip home (i.e. covering airfare).
H1B Visa Lawyer Blog
