Is the employer obligated to pay for an H-1B employees airfare back to his/her last place of foreign residence?
Yes. If the employer terminates the employment relationship prior to the end of the validity of the H-1B, it is responsible for the employee’s reasonable cost of return transportation. This obligation does not apply to dependents of the employee and the company is not responsible for other relocation expenses such as moving costs. Since some laid off H-1B workers may choose to remain in the U.S. and seek other employment opportunities, an employer can tell the terminated employees that they may use the company travel account to book a single on-way ticket instead of giving the employee money. The company does not have to ensure that the employee actually leaves the U.S. back to top II.
