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By Samuel A. Lopez – Legal Analyst and Journalist, USA Herald

As many of you know, the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State set clear guidelines regarding the return transportation for H-1B workers who face involuntary termination before the end of their authorized stay.

Specifically, under 8 CFR 214.2(h)(4)(iii)(E) and detailed in the Foreign Affairs Manual (9 FAM 402.10-16 (U)), employers are legally obligated to cover the “reasonable costs of return transportation” for these workers. In practical terms, this usually means the cost of a one-way economy class ticket back to the worker’s last foreign residence.

Yet, as I’ve observed and reported on over the years, many of our tech giants, which were once celebrated as the harbingers of innovation and opportunity, are now facing criticism for their lack of transparency and proactive measures in facilitating these workers’ return.

Rather than guaranteeing compliance with ICE and actively facilitating the repatriation process, these companies often merely hand over a 'goodbye letter' to these employees, leaving them to assume they will self-deport on their own.

The 'reasonable cost' of repatriation—a one-way economy class ticket—varies significantly, typically ranging from $800 to $3,000 depending on the origin and destination, with India and China serving as common examples. Consider the substantial savings these companies have reaped by not covering these costs for the hundreds of thousands of H-1B visa holders they have laid off in recent years. Meanwhile, ICE faces the aftermath when these individuals fail or refuse to self-deport and overstay their visas, in violation of immigration laws.

These companies not only brought these workers into the U.S. but, by failing to take responsibility during layoffs, they’ve contributed significantly to the challenge of curbing visa overstays and other visa program abuses.

In recent months, several U.S. tech giants have conducted layoffs specifically impacting H-1B visa holders:

• Amazon: Approximately 27,150 employees laid off.
• Google (Alphabet): Around 12,000 employees affected.
• Meta (formerly Facebook): Nearly 21,000 employees impacted, with earlier reports suggesting that prior layoffs at Meta and even Twitter significantly affected H-1B holders.
• Microsoft: About 10,000 employees laid off.
• Intel: Reported to have cut roughly 15,000 jobs.
• IBM: Approximately 3,900 layoffs.
• Cisco: Impacted around 4,100 employees.
• Other Companies: Tesla, and Nvidia have also announced layoffs, though details on their impact on H-1B workers are less clear.

It’s not just a legal obligation for these companies to cover repatriation costs; it’s a moral one too. These organizations were instrumental in bringing these employees into the United States.

A seasoned immigration attorney, Jane Lombardo, notes, “When companies fail to meet their legal obligations regarding return transportation, it exacerbates the broader issue of visa overstays. There’s a cascading effect on the integrity of our immigration system.”

Her insights resonate with the growing outcry from both the affected workers and advocacy groups who believe that these companies must be held accountable for their role in creating this predicament.

One of the most alarming aspects of this issue is the opacity with which these companies handle layoffs. There is a significant lack of transparency regarding the actual expenditure on repatriation efforts—a fact that not only undermines public trust but also raises questions about corporate accountability.

For instance, Meta, despite having been one of the tech giants that most leveraged the H-1B program, has not disclosed any concrete data on the amount they have spent to assist laid-off workers in returning home.

During a recent conversation with Dr. Robert Garcia, a prominent immigration law expert, he emphasized the urgency of this issue. 'Tech companies have a dual responsibility,' he explained. “Not only do they facilitate the entry of these workers into the U.S., but they also bear the legal and moral responsibility to ensure these individuals are not left stranded when their employment is terminated, nor left to their own devices regarding self-deportation.”

When companies do not fulfill their legal obligations, it creates a loophole that can lead to increased visa overstays. This, in turn, complicates the work of agencies like ICE, which must then track and manage individuals who have overstayed their visas, thereby straining limited resources.

Moreover, there is a growing concern among policymakers and immigration experts that the current practices may inadvertently encourage visa abuse. If companies are not held accountable for ensuring a proper exit for laid-off workers, it could set a dangerous precedent for future visa programs and undermine the integrity of the U.S. immigration system.

At this juncture, it is clear that the onus is on tech giants like Meta, Google, and Microsoft to step up and demonstrate that they are not only leaders in innovation but also in ethical business practices. These companies must:

• Enhance Transparency: Provide clear, detailed accounts of the measures taken to assist laid-off H-1B visa holders in returning to their home countries.
• Proactively Communicate: Issue comprehensive communications that detail their legal obligations and the steps they have taken to comply with repatriation requirements.
• Engage with Stakeholders: Work closely with ICE, immigration attorneys, regulatory agencies, and advocacy groups to ensure that their policies are aligned with legal mandates.
• Document and Disclose Expenditures: Offer verifiable proof to ICE and the public regarding the funds allocated and spent on return transportation, thereby fostering trust and accountability.

By taking these steps, tech giants can not only fulfill their legal obligations but also contribute to a more ethical and transparent immigration system. The American public, deserve nothing less.

Fact-Checked

• Employer Responsibility:S. Citizenship and Immigration Services (USCIS) regulations at 8 CFR 214.2(h)(4)(iii)(E) state that employers are liable for the "reasonable costs of return transportation" of the foreign worker to their last place of foreign residence if the worker's employment is terminated before the end of their authorized H-1B period of stay.
  https://www.ecfr.gov/current/title-8/chapter-I/part-214/section-214.2

Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal advice.

• Samuel A. Lopez
• USA Herald