Other Visa & Immigration Related Information

RESPONSIBILITIES OF DEPARTMENT

Departments with non-immigrant employees have the following responsibilities

• Notify ICS if there are any changes in employment before they occur to see if the employee’s non-immigrant visa status needs to be amended. These changes can include additional responsibilities, change of department, change in location, change in FTE, and job title changes. A non-immigrant visa amendment must be filed with USCIS before the non-immigrant employee can begin the changes in employment
• Initiate non-immigrant visa extensions in a timely manner. Non-immigrant visa extensions can be filed with USCIS up to 6 months before the expiration date of the current non-immigrant visa status. Our office will need additional time to review and process the application.
• Complete and submit an End of Program form END_OF_PROGRAM_NOTIFICATION.pdf (ufl.edu) to ICS if the international employee’s employment ends before the I-94 expiration date or the international employee changes status to a permanent resident.
• If an international employee on an H-1B or O-1 visa sponsorship is terminated prior to the current I-94 expiration date, the UF sponsoring department is responsible for a one-way airfare ticket back to the last country of origin. The department is not liable for return transportation for dependents.
• If the international employee on an H-1B or O-1 resigned from the position, the sponsoring department is not liable for the return airfare.

Termination

USCIS rules allow for a grace period of up to 60 days if an H-1B, TN, E-3, or O-1 employment ends prematurely for reasons other than fraud or misrepresentation. The international employee has a grace period of 60 days OR the I-94 expiration, whichever date is sooner. During this grace period, the international employee will be deemed to be maintaining nonimmigrant status, and may seek other non-immigrant employment, change status to another immigration category or prepare to depart the United States.

• If an international employee on an H-1B or O-1 sponsorship is terminated prior to the current I-94 expiration date, the UF sponsoring department is responsible for a one-way airfare ticket back to the last country of origin. The department is not liable for return transportation for dependents.
• If the international employee on an H-1B or O-1 sponsorship resigned from the position, the sponsoring department is not liable for the return airfare.
• If the international employee changes to a different status or transfers to another employer, this relieves the department of any obligations.
• If an international employee on an E-3 or TN sponsorship is terminated prior to the current I-94 expiration date, the UF sponsoring department is not responsible for transportation back to the last country of origin.

USCIS requires that employers report the early departure/termination of a non-immigrant beneficiary. Departments/centers must submit an End of Program Notice to ICS when a non-immigrant beneficiary ends his or her employment period with the University any date earlier than the approved validity period’s end date. ICS will send a notice to USCIS requesting a withdrawal of the non-immigrant status with UF.

· The EOP notice should be completed by the department and submitted to ICS prior to the actual termination of the employee. · End of Program Notification