Termination of Employment
F-1 Workers
The employment of graduating F-1 students in student positions (such as Academic Support Assistant, GA, RA, IA, TA, TF) must end no later than the expiration date on Form I-20, which normally is the date of graduation for that semester. If the termination date has to be later than the graduation date for payroll and/or benefits purposes, the "Last Date Worked" still must not exceed the expiration of Form I-20.
The employment of students pursuant to CPT must end no later than the CPT end date indicated on the last page of Form I-20.
OPT Workers
An employee's employment eligibility will end on the expiration date of the EAD.
Federal immigration laws now allow for an additional 24 month extenion of OPT for individuals in the STEM fields (Science, Technology, Engineering and Mathematics). State agencies and Unversities (including UH) are required by state mandate to participate in e-Verify, which allows us to employ individuals with OPT STEM work authorization. In order to continue working in the United States after their OPT end date, an individual will need to secure another work-eligible visa status.
To maintain employment eligibility beyond the EAD validity, please have your Department contact the Immigration Specialist about options in other temporary classifications, especially H-1B. You may also refer to Non-Immigrant (Temporary Visa) Worker section for information about temporary classifications that allow employment at UH.
F-1 nonimmigrants desiring to resume studies at UH and continue employment as a student worker are encouraged to visit ISSSO for guidance.
H-1B, TN, O-1, and E-3 Workers
Each department must notify the Immigration Specialist of the voluntary or involuntary termination of an faculty or staff member on H-1B, TN, O-1 or E-3 status. Notification should occur immediately upon the termination taking place, or earlier if prior notice is given.
Voluntary or involuntary termination (including Reduction-In-Force or Loss of Funding) of an H-1B worker prior to their approved H-1B end date must be immediately reported to the Immigration Specialist in order to follow required withdrawal steps with the Department of Labor and USCIS in a timely manner. UH may continue to be liable for paying wages to a former H-1B employee if the Immigration Specialist has not been properly notified of the termination of employment.
Your department is responsible for providing return transportation coverage if the H-1B worker is terminated prior to the expiration of the H-1B petition.