Body
University Policy
Title
University of North Carolina at Chapel Hill Policy on H-1B Temporary Workers
Introduction
Purpose
This policy provides an overview of the H-1B temporary worker classification and related employment requirements. Its purpose is to help ensure that both the University and H-1B employees comply with applicable U.S. immigration laws and regulations and maintain lawful employment authorization and status.
Scope
This policy applies to UNC-Chapel Hill departments and employees involved in sponsoring, managing, or working in H-1B status, including international faculty and scholars.
Policy
Overview of H-1B
The H-1B temporary worker immigration status is designed for individuals coming temporarily to the United States to work in a specialty occupation, which is one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement.” The H-1B is designed for professionals and professors.
The H-1B requires that the employer file the petition on behalf of a beneficiary (employee) if the beneficiary is deemed eligible. There must be an employer-employee relationship. The H-1B can only be submitted after an official job offer has been made. The hiring department, not the nonimmigrant, is responsible for initiating the H-1B request with ISSS. The employee may only work for the employer that filed the H-1B petition.
Employment authorization is granted through the U.S. Citizenship and Immigration Services (USCIS), is specific to the job, employer, hosting unit, and physical location(s) of employment. It is also specific to the other terms and conditions of employment including salary, duties to be performed, and responsibilities such as supervision of other employees. Any change in the terms and conditions may require filing a new H-1B petition prior to the change taking affect.
Fees
The hiring department must pay the immigration filing fee and anti-fraud fee (if necessary). The filing fee is subject to change. The fee for premium processing, if requested, must also be paid for by the hiring department. The department is not responsible for paying the filing fee for dependents of the H-1B.
Definitions
- Visa: A nonimmigrant visa is a stamp or endorsement placed in an individual’s passport by the Department of State at a US consulate or embassy outside of the United States. The visa permits the foreign national to request entry into the U.S. under the terms and conditions of the type of nonimmigrant visa utilized at the US port of entry. The expiration date of the visa does not determine how long a foreign national may remain in the US.
- Status: Upon being granted admission into the US by the Department of Homeland Security, Customs and Border Protection, the foreign national is accorded a nonimmigrant status.
- Labor Condition Application (LCA): Before an H-1B petition can be filed, a “Labor Condition Application” (LCA) must be filed with and certified by the U.S. Department of Labor (DOL).
- Change of Status: A petition can be filed with USCIS requesting to change from one lawful nonimmigrant status to another lawful nonimmigrant status while remaining in the U.S. The foreign national should not depart the U.S. while an H-1B for a change of status is pending with USCIS. Doing so is considered an abandonment of the petition and will require that a new petition be filed.
- Portability: Under certain circumstances, an eligible H-1B nonimmigrant is authorized to begin new employment with another employer upon USCIS receipt of petition or as of requested start date, whichever is later.
- Consular Notification: If the applicant is outside of the U.S., a petition is first filed with U.S. Citizenship and Immigration Services (USCIS). When the H-1B is approved, USCIS will notify the consulate abroad of the approval. USCIS sends the original H-1B approval notice (I-797 Notice of Action) to ISSS. ISSS will send the prospective employee the materials necessary to apply for the H-1B visa.
- Amending H-1B Status for a Current Employee of the University of North Carolina: When there is a material change in the duties or terms and conditions of employment of an H-1B worker, an amended H-1B petition may need to be filed with USCIS before the new terms and conditions can take effect.
- The Limitations for H-1B Status: The maximum allowable time an individual can maintain H-1B status is 6 years, including any period the employee has maintained H-1B status for another employer. Any periods of time spent out of the U.S. are not counted towards the 6-year maximum and may be recaptured if necessary.
Maintaining Lawful Status
H-1B workers have the right to work only for the employer that filed the H petition. If the employer/employee relationship ends, then the H-1B status based on the position ends, and the H-1B worker must leave the U.S. or file for a change of immigration status with USCIS.
H-1B workers are admitted only until the end date annotated on the I-94, and may work only until that date. Customs and Border Patrol (CBP) agents at the Port of Entry have the discretion to give a 10 day grace period beyond the date on the I-797. An H-1B may not work during those ten days.
Rights and Responsibilities
All nonimmigrants in the U.S. are responsible for maintaining their own lawful status. Failure to do so can result in severe consequences. The foreign national is responsible for understanding the laws and regulations that pertain to his/her status. The staff at ISSS is available to assist UNC-CH nonimmigrants in understanding their rights and responsibilities.
ISSS regularly provides sessions for international employees as a way of disseminating the information. ISSS advisors are also available to answer questions on an individual basis.
Employment Authorization
H-1B workers are authorized to only work for the employer who filed the petition under the terms and conditions of the employment as authorized by the DOL and USCIS in the H-1B petition (e.g. title, hours, work-site location, etc.) Employment and status are maintained only until the ending date of authorized stay noted on the I-94 or until the employment ends, whichever comes first.
Passport
The passport must be valid at all times. When entering the U.S. in H-1B status, the passport must be valid for at least six months beyond the expiry date on the I-797. In this case, the CBP agent will note the expiry date of the passport rather than the expiry date of the I-797. This will mean having to file an extension of stay much sooner. Whenever a new passport is obtained, the employee must submit the Update my Passport Information e-form in the ISSS Portal.
Reporting a Change of Address
All immigrants and non-immigrants are required to report a change of address within 10 days of the change. For employees in H-1B status, this must be done by using USCIS Change of Address Online or by completing the USCIS form AR-11 found on the USCIS website. It is advisable that you print the address change confirmation from the USCIS website or send the AR-11 form to USCIS via some type of receipted mail. H-1B employees must also report the change to ISSS by completing the Update US Address and Phone e-form in the ISSS Portal.
Extension of H-1B
In order to continue working without a gap or loss of lawful status, an H-1B extension must be filed by ISSS before the current H-1B expires. Step 1 of the H-1B Request must be submitted to ISSS at least 5 months prior to the current expiration date. A request for an extension can be for a maximum of 3 years or less as long as the beneficiary has not exceeded the 6 year maximum in H-1B status. Once the petition for an H-1B extension has been filed, the H-1B worker should not travel outside the United States.
According to 8 C.F.R. § 274.12 (b) (20), if the H-1B applicant is currently in H-1B status with UNC-CH, it is possible for the applicant to continue working for the University for up to 240 days after the expiration of the current H-1B status as long as the H-1B extension was timely filed. Timely filing means that USCIS received (receipted in) the I-129, H-1B application before the expiration of the current H-1B. ISSS will notify the employee and department as soon as the I-129 receipt notice (the official notice of application receipt from USCIS) arrives. If the H-1B extension is not filed before the expiration of the current H-1B status, employment must stop and the individual may have to leave the U.S. until the H-1B is approved and the I-797 approval notice is received by International Student and Scholar Services.
Please note that an H-1B temporary worker can remain in H-1B status for a maximum of six years from the date of entry as an H-1B or the date of changing status to H-1B. There are, however, some exceptions to this rule for individuals who have taken certain steps toward permanent residency.
Changes to Employment/Employer
When there is a change in the duties or terms and conditions of employment of an H-1B worker, an amended H-1B petition may be needed prior to when the new terms and conditions take effect. Hosting Units must submit an H-1B Update Reporting to ISSS via the ISSS Portal for compliance assessment. Changes may not be legally allowed in this status or require other compliance steps, such as the filing of an amended H-1B petition, before the change can go into effect.
Termination/End of Employment
Employee Responsibility
It is important for employees to report their departure to ensure the accuracy of their immigration records and in order to preserve certain future immigration options. The employee must complete a Departure Notice and submit it to the department and ISSS as soon as possible before departing the University. The departure information is needed in order to accurately report it to the various immigration and government agencies.
Ordinarily, there is no grace period for departure for H-1B workers. Once employment ends, the former employee is required to depart the United States or file for a change of immigration status with USCIS. In some cases, immigration notes a 10 day grace period beyond the conclusion of the period of approved H-1B employment the Form I-94. This grace period only applies if it is included on the employee’s current Form I-94. The H-1B petition and Labor Condition Application will be withdrawn at the end of the employment. Employees should consult with an ISSS scholar advisor if the hosting unit plans to end their employment prior to the expiration of the H-1B petition.
If a hosting unit terminates employment prior to the expiration date of the H-1B, they must offer to pay the reasonable costs of return transportation for the employee to their last place of foreign residence or to their home country. The employee does not have to accept this offer. But if the employee decides to end their employment early, the department is not responsible for these costs. The department is not responsible for the costs of return transportation for the employee’s family or personal belongings.
Hosting Unit Responsibilities
The hosting unit must notify ISSS by submitting an Early Departure or Termination in the ISSS Portal when an H-1B employee intends to leave UNC-Chapel Hill. The hosting unit is required by regulation to continue to pay the required wage rate until the H-1B petition and Labor Condition Application are withdrawn.
If the hosting unit ends the employment prior to the end of the approved period of the H-1B petition, the hosting unit is required to provide return transportation to the scholar’s home country or country of last residence. The offer of return transportation must be in writing (see instructions in Early Departure or Termination in ISSS Portal). The employee must reply to the offer within 30 days indicating that he/she accepts or declines a one way non-refundable ticket. The hosting unit is only responsible for paying the ticket for the employee. The employee must pay for the cost of transportation for any dependents.
There is no grace period for H-1B workers. Once employment terminates, the H-1B worker is required to depart from the United States. Consult with an ISSS scholar advisor if the hosting unit plans to end employment prior to the expiration of the H-1B petition.
Travel
International Faculty and Scholars who plan to travel abroad while in H-1B status must have the following documents in order to obtain an H-1B visa stamp and/or to re-enter the U.S.:
- Passport valid for at least six months into the future on the date of re-entry
- Valid H-1B visa stamp. If the visa stamp is no longer valid individuals must apply for an H-1B visa stamp before re-entering the U.S. Canadian citizens are not required to obtain a visa stamp.
- On September 6, 2025 and effective immediately, the U.S. Department of State (DOS) has updated its instructions for all nonimmigrant visa applicants who are scheduling visa interview appointments:
- Applicants for U.S. nonimmigrant visas should schedule their visa interview appointments at the U.S. embassy or consulate in their country of nationality or residence.
- Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate (see list here), unless their residence is elsewhere.
- Original of I-797A approval notice (Notice of Action)
- Past three months’ paycheck stubs (proof pay received).
- One copy of the I-129 filed by UNC-CH (included in Scholars Copy of petition)
- One copy of ETA 9035E Labor Condition Application (included in Scholars Copy of petition)
- Copy of letter of support for H-1B petition (included in Scholars Copy of packet)
- If previously in J-1 or J-2 status and were subject to the two year home residence requirement [212 (e)], an individual must present the waiver approval in order to obtain the H-1B visa.
- Original diplomas and transcripts if applying for a new visa. If the diplomas/transcripts are not in English, there must be an official translation to accompany the diploma and/or transcript.
- Current letter of support from H-1B’s department
Visa Delay
Visa wait times can vary widely by country, and by specific U.S. Embassy/Consulate location within a country. The U.S. Department of State provides general information about [times provided are general estimate and may not be routinely updated].
Applicants who have successfully scheduled a visa appointment should be prepared for the possibility of additional wait times following the visa interview. While most visa applications are adjudicated by a consular officer at the time of visa interview, some applications may require additional time and consideration prior to the visa being adjudicated. Administrative Processing [or INA 221(g)] is the term used by the U.S. Department of State when an immediate decision cannot be made by the consular officer during the visa interview. Government processing times for administrative processing cases are indefinite. The U.S. Department of State Website provides more information about .
Upon return to the U.S., H-1B employees must submit the Update my Most Recent I-94 Information e-form in the ISSS Portal to report their new Form I-94. If a new visa was obtained, the employee must also submit the Update my Visa Information e-form in the ISSS Portal.
This information is provided for informational purposes only and is not intended as legal advice. The information provided is subject to change. For the latest information go to https://isss.unc.edu/.
Contact Information
Primary Contact
Name: International Student and Scholar Services
Telephone: 919-962-5661
Email: ISSS@unc.edu