Department's Guide to Visa Sponsorship

Employees approaching the end of their H-1B eligibility must stop working by the date listed on the I-797 approval notice and must depart the country by the date listed on their current I-94 to avoid accruing unlawful presence.

Please notify OIS if you learn that an employee changed their immigration status through family sponsorship (such as marriage) or self-sponsorship (such as a National Interest Waiver) before the end date on their H-1B. 

Departments interested in sponsoring an employee for permanent residence or another status (such as O-1) should contact OIS to understand the options, timelines, and requirements. Preparation and processing of employment-based permanent residence petitions can take several years to complete, so it is important to plan ahead.

Departments should notify OIS when an H-1B employee submits a resignation letter to confirm the last day of employment and the reason cited for the resignation.

OIS will withdraw the employee’s H-1B petition from USCIS immediately following the last day of employment, and the employee will be expected to leave the country unless they have applied for a change of status or obtained H-1B sponsorship from a new employer.

Departments must notify OIS when a decision is made to end employment for an H-1B worker before the end date on their H-1B.

OIS will withdraw the employee’s H-1B petition from USCIS immediately following the last day of employment, and the employee will be expected to leave the country unless they have applied for change of status or obtained H-1B sponsorship from a new employer. In the event of early termination of the H-1B, immigration regulations require the department to offer the employee the reasonable cost of return transportation to their home county.