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:
