IfI was working on an 0-1 Visa, what are my rights if I’ve been laid off?

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IfI was working on an 0-1 Visa, what are my rights if I’ve been laid off?

I recently lost my job and was on an 0-1 visa. The company changed its business model and no longer wanted me. I paid for my visa and they told me on a Friday afternoon that I was no longer needed and they were revoking my visa and I had to leave the country. I have been told that they are responsible for my travelling costs back home, as well as possibly some severance pay (even though I was a 1099) or at least more notice. Can you tell me what my rights are in this situation with regards to financial compensation.

Asked on September 15, 2011 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry to hear that you have been laid off from your position.  However, under the O-1 you are  not eligible for any traveling costs back home (under the regulations) unless you have contracted with the employer otherwise.  You are also  not entitled to any severance pay unless that was part of your agreement with the employer.  The employer is also not required to give you any notice.  You can certainly look for other positions within the US and if you are able to find out within a short period of time (while your last paycheck is still recent enough) you can transfer or change status to another employer.  Good luck.


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