End of Employment


You must notify ISFS when a foreign national employee or visitor has ended his or her employment or stay.  Completing the Departure Notification form and submitting it to ISFS allows our office to take appropriate actions according to the visa status.
 
 
J-1 Exchange Visitors and Student Interns
Upon completion of the program, J-1 Exchange Visitors and Student Interns must depart the U.S. within 30 days of the DS-2019 end date. If they complete the program more than 30 days prior to the DS-2019 end date, notify ISFS immediately.
  • All J-1 visitors, before departing the US, must submit their departure information online. ISFS will send them the link for this via email.
  • All J-1 Student Interns need to complete an internship evaluation and return it to ISFS. If the internship is more than 6 months, a mid-term evaluation form is required.

  
H-1B Employees
Upon H-1B employee termination ISFS is required to notify USCIS.   USCIS will then revoke the H-1B so that it can no longer be used.  Additionally, ISFS 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 ISFS for help with this matter prior to the time you plan to terminate or as soon as feasible.
 
Once employment is terminated, the H-1B holder no longer has an immigration status. He or she must immediately depart the U.S. or seek another immigration status.