By Paul Parsons
Most professionals have nonimmigrant (temporary) visas. The most common one is the H-1B specialty worker visa. It is initially issued for up to three years. It can later be extended for another three years. Unless the H-1B foreign national is at least a year down the road with a labor certification case on the lengthy immigrant (permanent resident) visa track, he/she would need to depart the U.S.
Some professionals might be J-1 exchange visitors and be limited generally to three years in that nonimmigrant status. A foreign national cannot force an employer to seek to extend his/her H or J nonimmigrant status.
If an employer obtains an H-1B nonimmigrant status for a worker for up to three years and then decides to terminate that foreign worker prior to the expiration of H-1B status (legally permissible for no reason in an "at will" state such as Texas
A terminated H-1B is supposed to be offered one way return transportation expenses to his/her home country. Most terminated H-1B workers instead seek to find a same or similar position with a new employer and try to "port" H-1B status to the new employer.
