0

If fired on an E3 visa is the employer liable for paying the reasonable cost of transport home? I know this is the case for H1B visas. Is this also true for E3 visas? Is there any legislation someone can point me to?

  • Is this true for H1B? I would have thought your employee contract would state the company liabilities not the type of VISA? Interested in this myself to know from people with experience – Matt Douhan Jan 12 at 22:25
  • Pretty sure that for H1B this is set out by the USCIS. Their website explicitly says that the employer is responsible for return transport. However, I can't find anything for E3. – choc_chips Jan 13 at 0:50
  • @MattDouhan This is covered in INA 214(c)(5)(A) – Matthew FitzGerald-Chamberlain Jan 13 at 2:51
1

The rule that you are referring to is covered under INA 214(c)(5)(A) which states:

In the case of an alien who is provided nonimmigrant status under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b) of this title and who is dismissed from employment by the employer before the end of the period of authorized admission, the employer shall be liable for the reasonable costs of return transportation of the alien abroad.

Given that this is specifically with regards to H-1B and H-2B visas, it does not appear that E-3 visas would be covered under this provision.

| improve this answer | |
  • Thanks for the answer Matt, I'm aware of the rule sections you cited. I was not able to trace whether they specifically applied only to H1B/H2B visas or included E3 as well. Do those documents exclude E3? I was confused because the E3 is very similar to the H1B and numerous unofficial websites have said that the employer is responsible. – choc_chips Jan 13 at 17:16
  • @choc_chips 1101(a)(15)(H)(i)(b) and 1101(a)(15)(H)(ii)(b) ARE the H-1B and H-2B visas. So no, those explicitly do not include the E-3 visa. I have not found any other law that would require this for an E-3 worker. – Matthew FitzGerald-Chamberlain Jan 13 at 18:11

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.