Termination/End of Employment
It is important for employees to report their departure to ensure the accuracy of their immigration records and in order to preserve certain future immigration options. The employee must complete a Departure Notice and submit it to the department and ISSS as soon as possible before departing the University. The departure information is needed in order to accurately report it to the various immigration and government agencies.
Ordinarily, there is no grace period for departure for H-1B workers. Once employment ends, the former employee is required to depart the United States or file for a change of immigration status with USCIS. In some cases, immigration notes a 10 day grace period beyond the conclusion of the period of approved H-1B employment the Form I-94. This grace period only applies if it is included on the employee’s current Form I-94. The H-1B petition and Labor Condition Application will be withdrawn at the end of the employment. Employees should consult with an ISSS faculty/scholar advisor if the department plans to end their employment prior to the expiration of the H-1B petition.
If a department terminates employment prior to the expiration date of the H-1B, they must offer to pay the reasonable costs of return transportation for the employee to their last place of foreign residence or to their home country. The employee does not have to accept this offer. But if the employee decides to end their employment early, the department is not responsible for these costs. The department is not responsible for the costs of return transportation for the employee’s family or personal belongings.
The department must notify ISSS when an H-1B employee intends to leave UNC-CH. The department is required by regulation to continue to pay the required wage rate until the H-1B petition and Labor Condition Application are withdrawn.
If the department ends the employment prior to the end of the approved period of the H-1B petition, the department is required to provide return transportation to the scholar’s home country or country of last residence. The offer of return transportation must in writing (See “Return Transportation Notice for H-1B or E-3 Employees”). The employee must sign the offer within 30 days indicating that he/she accepts or declines a one way non-refundable ticket. The department is only responsible for paying the ticket for the employee. The employee must pay for the cost of transportation for any dependents.
There is no grace period for H-1B workers. Once employment terminates, the H-1B worker is required to depart from the United States. Consult with an ISSS faculty/scholar advisor if the department plans to end employment prior to the expiration of the H-1B petition.