H-1B is an employer specific worker visa (status).  The H-1B holder can only work for the sponsor employer.  He or she must obtain another H-1B approval from another sponsoring employer if he or she wants to switch a job.   While he or she is employed with the sponsoring employer, the relevant laws or regulations require the employer to:

1. Offer benefits to H-1B workers on the same basis as offered to their U.S. workers;
2. Pay full wages to any H-1B worker placed in a non-productive status by the employer; The employers must also maintain wage and hour records, as well as information concerning working conditions for all similarly situated employees. Upon request, these records must be provided to DOL's Wage and Hour Division. If an employer does not document the wage, pay the required wage or maintain the required records, the employer could be liable for substantial penalties including back pay and fines of up to $1,000. The employer could even lose the right to apply for H-1B visas as well , all other immigrant and nonimmigrant visas for up to one year.
3. Restrain from requiring an H-1B worker to pay the employer's petition filing fee ($320) or imposing a penalty for early cessation of employment;  In addition, the employers are required to pay other related application fees such as the “Fraud Prevention and Detection Fee ($500) and ACWIA fee (from $750 to $1500).
4. If the employer terminates the services of the employee prior to the expiration of the H-1B visa, the employer is responsible for paying the employee's return transportation to his or her foreign residence.

H-1B worker can work in the U.S for a maximum of 6 years, however, the sponsoring employer is not obligated to retain him or her for any fixed period.  The employer can terminate him or her for any legal reasons.  If the employment is terminated, he or she would be out of status unless he or she changes to another legal status.  By law the employer “shall be liable for the reasonable costs of return transportation of the alien abroad” where an H-1B worker is “dismissed from employment by the employer before the end of the period of authorized admission.”  This happens only when the alien actually decides to return to the place of his last place of permanent residence. However, the law does not prescribe a penalty for the employer who violates this provision, and few aliens want to return.  The employer does not have the duty to persuade or force the alien to leave.

Since the H-1B has only six years in the U.S. and the first approval is generally only for three years, we generally request the initial approval of the H-1B visa or status for three years.  This does not mean that the employer must keep the alien employee for full three years.  The employer can terminate the employment at any time for any reasons including the employer’s inability to pay the wage or the closing of business.   If so, the employer is required to notify the Citizenship and Immigration Services (USCIS) of the termination (the law does not expressly impose any penalty for a failure to make prompt notification) and the alien’s H-1B will be revoked.  Apparently, once the employer does so, it would have serious consequences on the H-1B nonimmigrant.  The employer may wish to inform the H-1B nonimmigrant that the employer is required to notify the USCIS of the employment termination and the employer intend to comply and, if possible, give the alien worker reasonable additional time to take appropriate action.

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The information contained in these articles are offered only for general informational and educational purposes.  They are not offered and do not constitute legal advice of this law office.  Please consult an immigration attorney for current information that applies to your specific situation.