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 H-1B petition requires the employer to select a start and end date 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, 2019 – June 30, 2022). 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. In such cases, the contract language is intended to protect the University from contract claims by employees who might claim they are guaranteed employment for the length of the H-1B approval.
It is essential to note that 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.