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End of Employment
You must notify Immigration Affairs when a foreign national employee or visitor has ended his or her employment or stay. Completing the
Departure Notification form
and submitting it to Immigration Affairs allows our office to take appropriate actions according to the visa status.
H-1B Employees
Upon H-1B employee termination Immigration Affairs is required to notify USCIS. USCIS will then revoke the H-1B so that it can no longer be used. Additionally, Immigration Affairs will withdraw the Labor Condition Application (LCA) with the Department of Labor. Failure to withdraw the LCA could keep the employer liable for complying with the terms and conditions, i.e. payment of salary.
If the employer terminates the H-1B employment prior to the expiration of the approved H-1B period, the employer is responsible for paying the reasonable cost of return transportation of the H-1B to his or her country of last residence abroad. The employer is not responsible for transportation of H-1B’s dependents or for the H-1B’s belongings. The offer of return transportation should be made by the employer to the employee in writing using the U.S. Postal Service’s certified mail with return receipt requested. Records should be kept regarding the employee’s acceptance or decline of this offer. Please contact Immigration Affairs for help with this matter prior to the time you plan to terminate or as soon as feasible.