Repatriation, or repatriation of remains, insurance provides a safety net for foreign nationals and their families in the U.S. It ensures that, in the worst-case scenario of the foreign national’s death, logistical and financial barriers do not hinder the return of their body to their home country. This insurance is typically part of a broader health insurance package that is required or recommended for nonimmigrant workers in the U.S.
What is repatriation insurance?
This insurance covers the costs associated with transporting the remains of the insured individual back to their home country in the event of their death while in the U.S. This can include expenses such as embalming, a casket, preparing the remains for transport, and the actual transportation of the body. It ensures the deceased’s remains can be returned to their home country, providing peace of mind to both the worker and their family.
Who is required to have repatriation insurance?
H-1B visa/status holders are not legally required to have repatriation insurance. It is, however, a common and recommended practice due to the high costs associated with international transportation of remains. This insurance is frequently bundled with other insurance plans tailored for H-1B workers.
J-1 exchange visitors and their J-2 dependents are required by the U.S. Department of State to hold repatriation insurance through the duration of their exchange program. They are required to maintain a minimum of $25,000 in repatriation coverage, which may or may not be provided by the sponsor. 22 CFR 62.14(b).
Is the employer required to provide repatriation insurance?
Sponsoring employers of H-1B workers are not specifically required to provide repatriation insurance. These employers are only required to provide their H-1B employees the same benefits offered to the employer’s U.S. workers. 20 CFR 655.731(c)(3). Per 20 CFR 655.731(c)(3)(i), “An employer may offer greater or additional benefits to the H-1B nonimmigrant(s) than are offered to similarly employed U.S. worker(s), provided that such differing treatment is consistent with the requirements of all applicable nondiscrimination laws (e.g., Title VII of the 1964 Civil Rights Act, 42 U.S.C. 2000e-2000e17).”
J-1 exchange visitor sponsors are not required to provide any kind of insurance to the employee or their dependents. 22 CFR 62.14(b). They are, however, required to ensure their exchange visitors have the minimum prescribed insurance coverage through the duration of their program.
Essentially, repatriation insurance provides a critical safety net for foreign workers and their families. It ensures that, in the event of a death in the U.S., the logistical and financial barriers do not hinder the return of the loved one to their home country. Depending on the nonimmigrant status of the deceased, this insurance may or may not be required, but it is highly recommended in any case.
If you have questions about repatriation insurance for either H-1B or J-1 exchange visitors, please don’t hesitate to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.
