End of UH O-1 Employment or Status
Once employees end their O-1 employment or status at UH, FSIS needs certain documents from UH departments to properly close the O-1 files and take appropriate action.
Resignation (voluntary termination)
Dismissal (involuntary termination)
Lawful permanent residence is obtained
Resignation (voluntary termination) [top]
The UH department should send FSIS a copy of the employee’s PNF showing that employment will be ending. The PNF is necessary to confirm the official employment end date.
Resignation before the O-1 end date
If the last day of UH employment occurs before the O-1 approval notice end date, the employee must depart the U.S. on or before that day if he/she does not have a legal
basis to stay in the U.S. Even if he/she has time remaining on the O-1
approval notice and/or I-94 card, he/she will
begin to accrue unlawful presence if he/she does not leave the U.S. on time.
FSIS
is required to notify the U.S. Citizenship and Immigration Services
(USCIS) when an employee is no longer employed under the terms of an
approved O-1 petition.
Resignation on the O-1 end date
If the last day of UH employment occurs on the O-1 approval notice end date, he/she must depart the U.S. by the date written on his/her I-94 card.
If the employee was granted an additional 10-day period beyond the O-1 approval notice end date on the I-94 card, he/she may stay in the U.S., but may not work during this 10-day period. He/She must leave the U.S. on or before the last day of the 10-day period unless he/she has a legal basis for staying in the U.S. after UH employment ends.
If the employee was not granted the additional 10-day period, he/she must leave the U.S. on or before the O-1 approval notice end date unless he/she has a legal basis for staying in the U.S. after UH employment ends. If he/she does not depart the U.S. on time, he/she will begin to accrue unlawful presence.
I-94 validity
It is extremely important to be aware of the period of authorized stay written on the O-1 employee’s I-94 card by the immigration inspector at the port of entry. If the I-94 expiration date will occur before the employee’s UH employment end date or the O-1 approval notice end date AND if UH has not filed an O-1 extension with USCIS on his/her behalf, his/her O-1 status will end on the I-94 date. As a result, the employee must leave the U.S. on or before the I-94 date to avoid accruing unlawful presence. If this situation arises, please consult with FSIS.
See Terms and Concepts for information on the functions of other immigration documents.
Dismissal (involuntary termination) [top]
If an O-1 employee is dismissed from UH employment for any reason before the O-1 approval notice end date, the UH department must send FSIS a copy of the PNF showing that employment has ended. The PNF is necessary to confirm the official employment end date. FSIS is required to notify USCIS when an employee is no longer employed under the terms of an approved O-1 petition.
Unless the employee has a legal basis for remaining in the U.S., he/she must depart the U.S. by the last day of employment. Otherwise, he/she will begin to accrue unlawful presence.
If the employee is returning to his/her last place of foreign residence, the UH department is responsible for the reasonable costs of return transportation to that country. UH is not responsible for dependents’ transportation costs.
Lawful permanent residence is obtained [top]
If an O-1 employee obtains U.S. lawful permanent residence, please send FSIS a copy of both sides of his/her Permanent Resident Card so we can close his/her O-1 file. No further action needs to be taken on his/her O-1 classification.
