H-1B Contract Language

Job Offer Letter

It is critical to include the University’s required language regarding federal requirements for I-9 compliance in all job offer letters. Please refer to the OHR website for specific language and offer letter templates.

Selecting H-1B Dates

As part of the H-1B application process, employing departments will be asked to prepare an H-1B support letter with requested start and end dates for the H-1B status. The start date must be a future date which allows for the processing time required to prepare the petition. The end date can be no more than three years from the requested start date (for example: July 1, 2023 – June 30, 2026). Sometimes the dates of the job appointment do not match the requested H-1B dates (for example, when the employee has already begun the job with another visa status).

Departments may wish to obtain the H-1B approval for as long a timeframe as possible to avoid paying the costs associated with annual H-1B renewals, if the position is expected to continue. This must be weighed against the possibility that the employee will not perform satisfactorily or the funding for the position will not continue. 

Additional Considerations About Job Start Date

Health Insurance Coverage

The employee's health insurance coverage may become effective on the first day of the month following the employee's first day of employment. It may be beneficial to choose an employment start date a few days before the month ends. 

Tax Implications

There may be significant tax implications based on when the employee enters the U.S. To find more information on these tax implications, review NRVTAP's FAQs

Changes in Employment During H-1B Validity Period

H-1B authorization is job-specific. If any changes in the job occur before the end date of the approved H-1B petition (I-797 Approval Notice), you must notify ISSS. An amendment may be required. See Changes in Employment.

Early Termination of a Position

The employer may be responsible for the reasonable costs of return transportation of the H-1B employee to their last place of foreign residence if the employee is dismissed for any reason by the employer before the end date on the H-1B Approval Notice. As part of the application process, the department signifies an understanding of these conditions by signing a Certification Statement and agrees that the department shall provide the necessary costs of return transportation should this situation occur.

Last updated: December 14, 2023