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Ending H-1B employment

Resignations and Terminations

The UW’s petition to U.S. Citizenship and Immigration Services (USCIS) represents a firm commitment by the University to employ and pay the H-1B employee for the requested period. Early termination without reporting to the Department of Labor and USCIS could result in sanctions including fines and assessment of back wages against UW.
If an H-1B employee resigns or is terminated, the unit must take the following actions:

  • Notify International Scholars Operations (ISO) at of an H-1B’s resignation date or termination date. ISO will inform the Department of Labor and USCIS that the employment has ended. The UW is liable for continued wage and benefit obligations up to the time the notice is received by USCIS.
  • If the employee is dismissed from employment for any reason before the end of the period of authorized stay, the employing department must offer in writing to pay the beneficiary’s return transportation costs to the last place of foreign residence.

A grace period of up to 60 days may be available from the Department of Homeland Security, but is not automatic or guaranteed. If employees are interested in this grace period, they should contact a private immigration attorney to discuss.

Transferring from UW to a New H-1B Employer

An applicant already in H-1B status can begin working for a new employer as soon as that employer files the new petition with USCIS. An employee who wishes to transfer to another H-1B employer must not leave his or her current paid job until the new employer’s H-1B petition has been received by USCIS. Alternatively, the H-1B temporary worker may depart the U.S. and reenter under the sponsorship of the new employer.