Get the free H-1B Early Termination Notification - emory

This document outlines the procedure and form required for notifying the International Student and Scholar Programs (ISSP) at Emory University about the early termination of an H-1B employee. It includes

How to fill out h-1b early termination notification

How to fill out H-1B Early Termination Notification

1. Obtain the H-1B Early Termination Notification form from the USCIS website or your employer.
2. Fill out the applicant's information, including name, date of birth, and alien registration number.
3. Include the employer's information, such as the company name, address, and employer identification number (EIN).
4. Specify the reason for early termination, ensuring it aligns with USCIS guidelines.
5. Sign and date the form to certify the information provided is accurate.
6. Submit the completed form to USCIS through the appropriate channel (online or mail) as instructed.

Who needs H-1B Early Termination Notification?

1. Employers who wish to terminate the employment of an H-1B visa holder before the end of their contract.
2. H-1B employees who have been laid off or terminated early and need to notify USCIS.

People Also Ask about

Do you lose H-1B if you quit?

Yes, if you resign from your job while on an H-1B visa and leave the United States, your H-1B visa will typically be considered abandoned. The H-1B visa is tied to your employment with a specific employer, and if you are no longer employed, the visa becomes invalid.

What happens if an employer withdraws H-1B?

If the H1B was revoked by USCIS, based on a request by employer due to the end of the employment, Layoffs or the applicant resigned, then in such cases, you can transfer your H1B to another company.

What is the penalty for early resignation of H-1B workers?

Explanation of Rights upon Termination Importantly, the employer cannot levy any penalty on the worker for early contract termination, nor can they force the worker to pay for the H1B petition costs, which include both the filing fees and the legal fees.

What happens to my H-1B if I change jobs?

Under your initial H1B visa, you will only be permitted to work for a specific employer in the United States. This means if you change jobs, your new employer will need to file a fresh petition on your behalf prior to the expiry of your existing status. This is known as an H1B visa transfer.

How do I notify USCIS of H-1B termination?

The Legal Side of Firing and H-1B Employee You can do this by simply sending a letter to USCIS who will revoke the petition on the date you request. Secondly, you must withdraw the Labor Condition Application (LCA) with the U.S. Department of Labor (DOL).

What is the penalty for early H-1B resignation?

Explanation of Rights upon Termination Importantly, the employer cannot levy any penalty on the worker for early contract termination, nor can they force the worker to pay for the H1B petition costs, which include both the filing fees and the legal fees.

What happens if an H-1B employee is terminated?

In certain cases, the employee may be able to take advantage of a discretionary 60 day period allowing them to remain in the US to secure H-1B sponsorship with another employer. This applies only if the employee is terminated prior to the end of their previously approved H-1B period.

For pdfFiller’s FAQs

What is H-1B Early Termination Notification?

The H-1B Early Termination Notification is a formal requirement for employers to notify the U.S. Citizenship and Immigration Services (USCIS) when an H-1B employee's employment is terminated before the scheduled end of their H-1B visa.

Who is required to file H-1B Early Termination Notification?

Employers who sponsor H-1B workers are required to file the H-1B Early Termination Notification when they terminate the employment of the H-1B visa holder.

How to fill out H-1B Early Termination Notification?

To fill out the H-1B Early Termination Notification, employers must complete the appropriate form, providing accurate details regarding the employee's personal information, employment status, and the reason for termination.

What is the purpose of H-1B Early Termination Notification?

The purpose of the H-1B Early Termination Notification is to keep USCIS informed of changes in employment status, ensuring compliance with immigration regulations and to prevent abuse of the visa program.

What information must be reported on H-1B Early Termination Notification?

The H-1B Early Termination Notification must report the H-1B worker's name, address, job title, the date of termination, and the reason for termination.