My employer is threatening to cancel my H-1B because I refused unpaid overtime, and HR said I will be deported within 24 hours if they do. Can they actually do that? What protections do I have and what should I do this week?
No, your employer cannot deport you within 24 hours. Only a federal immigration judge can order a deportation, and U.S. labor laws strictly protect you from being fired for refusing unpaid overtime.
You have a grace period of up to 60 days to stay in the U.S. and find a new job or change your status if they do fire you. Your employer has absolutely no power to force you out of the country.
**Immigration protections:** Your employer does not have the authority to deport anyone. Removals are exclusively handled by {"term": "ice", "text": "U.S. Immigration and Customs Enforcement (ICE)"}, typically under the order of an immigration judge.
If your employer terminates you, you do not have to leave the country in 24 hours. Immigration rules give H-1B workers a discretionary {"term": "grace-period", "text": "grace period"} of up to 60 consecutive days (or until your authorized visa period ends, whichever is shorter) to remain lawfully in the U.S. after employment ends.
**Labor protections:** As an H-1B worker, you are covered by the {"term": "flsa", "text": "Fair Labor Standards Act (FLSA)"}. The law strictly prohibits employers from retaliating, harassing, or taking adverse action against you for asserting your rights to your pay or refusing unpaid overtime.
