This page is for current and new international employees in H-1B, TN, E-3 or O-1 status who already have an approved position with WashU and application submitted to USCIS.
If you are a department looking to sponsor an employee:
ON THIS PAGE
For questions regarding your status:
- H-1B, TN and E-3 employees should contact their OISS adviser
- O-1 employees should contact the Associate Director for Scholars
Documents
All nonimmigrants must have a valid passport to enter and remain in the U.S. In most cases, your passport needs to be valid for at least the next six (6) months at the time when you seek admission into the country. Do not let your (or your dependents’) passport(s) expire while staying in the U.S. or you (or they) could lose eligibility for certain benefits. Employees who are citizens of countries that are part of the Six-Month Club are exempt from this rule.
Contact your home government regarding the renewal of your passport well in advance of its expiration. Each country has different procedures and processing times for extending a passport. Your home country embassy website should have instructions regarding passport renewal.
Immediately call the WashU police to report if you lose or have your passport stolen. You need this police report when applying for a replacement from your home government. You will obtain a new passport directly with the embassy or consulate. Each country has a different procedure. You should consult the website of your home country embassy for more details.
This form is also known as your “Notice of Action” or “Approval Notice.” It is issued by the U.S. Citizenship and Immigration Services (USCIS) and indicates that you have been granted work authorization for the length of time specified on the form. You will need to show the I-797 to the Customs and Border Protection (CBP) officials each time you enter the U.S. in your visa status (H-1B, TN, E-3 or O-1). You also need this form to apply for or renew a Missouri driver’s license. (Note that TNs and E-3s who come in via consular processing will not have an I-797.)
Unless you are Canadian citizen, you must have a valid visa stamp (H-1B, TN, E-3 or O-1) in your passport to be eligible to enter the U.S. in that corresponding status and to work in that status. The U.S. Department of State (DOS) will not issue your visa stamp until you receive your work authorization, proven by your original Form I-797. (Note that TNs and E-3s who come in via consular processing will not have an I-797.) The visa stamp in your passport is an entry permit valid for a specific time frame. It allows you to seek admission into the U.S., but it neither guarantees admission into the country nor determines the length of legal stay. Therefore, the expiration of your visa stamp does not affect permission to stay or work in the U.S.
Form I-94 is the official arrival/departure record issued to you upon entry into the U.S. by Customs and Border Protection (CBP). I-94 specifies your admission status (H-1B, TN, E-3 or O-1), date of entry and period of authorized stay in the U.S. CBP will record this information electronically, and you should access and print it on the CBP website. Sometimes a CBP officer will also stamp this information directly into your passport.
The end date on your I-94 record should match that on your I-797 approval notice. It is possible that the two end dates are off by 10 days, which is not unexpected and is not an issue. The 10-day difference is considered to be a grace period that is meant to allow you extra time to prepare to leave the U.S. at the end of your stay. A stay beyond the I-94 expiration date can have serious consequences for you and your dependents. Your electronic record is updated every time you are admitted into the U.S.
If you find incorrect information on your I-94, notify your OISS adviser immediately.
Reporting change of address
You and your dependents must report changes to your U.S. address within 10 days of the change.
To report a change of address to the Department of Homeland Security (DHS), you need to submit Form AR-11. Persons who are subject to special registration must complete Form AR-11SR. For instructions and information change of address procedures, please visit the U.S. Citizenship and Immigration Services (USCIS) website.
To report a change of address to WashU, you need to update your Workday profile. To update Workday, navigate to your Workday profile (right corner after you log in), go to the Personal section (in the left menu bar), and click on the Contact tab. Click the Edit button to edit the Home Contact Information section.
Extending status
Your department must request all extensions of status through the Office for International Students and Scholars (OISS).
Upon an approved extension period, you must meet with the I-9 team to update your Form I-9 (approving work authorization to work at WashU) in Workday:
- Schedule an I-9 appointment at the Danforth Campus or Medical Campus.
- Review which Form I-9 Acceptable Documents to bring to the appointment, such as your green card.
- If you have any questions about scheduling an I-9 appointment, the acceptable documents or why you need to update your Form I-9, please contact DanforthCampusI9@wustl.edu or MedCampusI9@wustl.edu.
If your current employment will continue without change past the end date of your approved immigration status, you may be able to receive an extension of your status.
Important Note for H-1B Employees
You are limited to six (6) cumulative years in H-1B status (not including time spent as an H-4), regardless of changes in position or employer. Previous, nonconsecutive periods of H-1B status count toward this total, unless you spent more than 12 months in your home country between these periods of H-1B status.
H-1B employees may be able to extend H-1B status beyond six (6) years based on travel outside of the U.S. or an approved immigrant visa petition. Contact OISS to determine whether you are eligible. If eligible and you need an extension, discuss with your hiring department at least six (6) months before your current immigration status ends. This will enable OISS to process your extension application in a timely manner.
H-IB Employment Regulations
Your status expires on the date listed on your current I-94 or the last day worked, whichever comes first.
Your immigration status is for a specific employer and position. The USCIS approval of your petition at WashU means that you are only eligible to work in that position. OISS may need to file an amended petition if any of the following changes:
- The department that you work for
- The location (work address)
- Your specific job title or your duties/responsibilities
- Status (i.e., part-time vs. full-time)
- Salary (an annual increase greater than 10 percent or any decrease)
If you anticipate a change, consult with your department immediately. After an amended petition is submitted and OISS has received a receipt notice from USCIS, you can begin working under the new conditions.
Your status is employer-specific. If you wish to accept a job offer from another employer instead of, or concurrent to, the position in which you are currently employed, that employer will need to file a separate petition on your behalf.
Portability is a regulatory provision that allows nonimmigrants currently in H-1B status with one employer to begin employment with a new employer as soon as the new employer files a non-frivolous I-129 petition for new H-1B employment. The new employer and beneficiary (employee) do not have to wait for the petition to be approved for the new employment to begin. If you are moving to a new employer, you should discuss the portability provision with them.
OISS strongly recommends that terminated employees seek advice from OISS concerning their situation prior to the last day of employment.
Effects of termination on H-1B Status
- Your status is linked to employment. If your employment ends, you may be eligible for a grace period of up to 60 days. Contact OISS upon notice of termination in order to determine your grace period. Your grace period is extended to your H-4 dependents.
- OISS has an obligation to cancel current petitions filed with USCIS and to withdraw any extension applications in process. OISS notifies USCIS of the termination immediately following the last day of employment.
- Employee’s termination may have a negative impact on their application for lawful pending permanent residence (LPR). OISS can discuss the impact of a termination with an employee whose LPR application was based on WashU sponsorship. For an employee who has filed for LPR on another basis (other than WashU sponsorship), OISS advises the employee to consult with the immigration attorney who assisted in filing the LPR application.
Study in employee status
As an employee, you are authorized to take classes at any level and in any field, as long as taking these classes does not interfere with your employment and as long as your employment remains your primary purpose for being in the U.S. Because you are subject to these requirements, some academic programs limit the number of credit hours you can take each semester.
The courses offered by WashU’s English Language Programs (ELP) may be of particular interest to international employees. The program’s curriculum, geared to the advanced language learner, was designed to be practical and challenging, focusing on real-world expectations. Courses are offered both on the Danforth Campus and the Medical Campus.
Leaving WashU
Before leaving WashU, you should give appropriate notice to your department. Your department will notify OISS by completing your appointment in Workday and notifying OISS.
If you are currently working at WashU and would like to transfer (also called porting) to another institution, you should keep working for WashU until your new employer has filed a petition and received notice of receipt from USCIS. You are authorized to work for a specific employer. Therefore, the new employer must file a new petition in order for you to change employers.
Review tax information before leaving the U.S., as you are responsible for filing tax forms in April even if you are no longer in the U.S.
Be certain that you leave the U.S. within the time period stated by the regulations of your immigration status. If you are not certain of the regulations, consult with your OISS scholar adviser.