In these tough economic times, many employers are reducing their workforces. Companies that employ foreign nationals have additional obligations when terminating employees with H-1B (Specialty Occupation) status. The regulations require that the employer compensate the H-1B employee at the prevailing wage until there is a “bona fi de” termination of employment. A bona fi de termination does not occur until the employer has advised the Department of Homeland Security (“DHS”) that the employment relationship has been terminated and has provided the employee with payment for his or her travel home. A recent court decision awarded back pay and interest to an employee due to the employer’s failure to comply with these requirements in a timely manner. The employee was terminated in March; the employer did not notify the government that the employment had ended until late September. The employer was ordered to pay the employee his salary (plus interest) from March until November, the date the petition was revoked by DHS. Lesson learned: Termination is not termination until DHS knows about it!