Changes in funding for International Students and Scholars

• The WashU department should contact OISS to discuss any changes to funding for J-1 scholars.

• In most cases, decreases in or ending funding will require shortening the J-1 program, and OISS will issue an updated DS-2019 with the new end date.
• J-1 scholars (exchange visitors) have a 30-day grace period following the program end date on the DS-2019 to depart the U.S.
• In the event of a shortened program, return transportation to the scholar’s home country is the responsibility of the J-1 scholar (exchange visitor) in the case of a shortened program.

• The WashU department should contact OISS to discuss any changes to funding, whether ending or decreasing, for an H-1B employee.
• If employment is ending due to a loss of funding, the department must:
  • Prepare a termination letter that includes a written offer to pay the H-1B employee’s return transportation costs to their last place of foreign residence. Reach out to OISS for a copy of the termination letter template.
  • The H-1B employee must sign the letter, indicating whether they accept or decline the offer of return transportation.
  • The department must send a copy of the signed letter to OISS, which is required in order to withdraw the H-1B petition and Labor Condition Application (LCA).

H1-B Grace Period & Next Steps

• H-1B employees may have a grace period of up to 60 days unless the I-94 record is valid for less than 60 days. In that case the grace period ends when the I-94 ends.
• During this period, they may:
  • File an application to change to another nonimmigrant status
  • File an application for adjustment of status (green card)
  • Apply for a compelling circumstances Employment Authorization Document (EAD)
  • Be the beneficiary of a nonfrivolous petition to change employers
• If one of these actions is taken within the 60-day grace period, the individual may remain in the U.S. beyond the 60 days, even if their prior H-1B status has ended.
• If no action is taken within the grace period, the individual and any dependents must depart the U.S. within the grace period or by the end of the H-1B validity period, whichever comes first.
  
  More information: USCIS – Options for Nonimmigrant Workers Following Termination of Employment

• E-3, TN, and O-1 visa holders have a grace period of up to 60 days to depart the U.S. upon termination of employment due to loss of funding.
• The WashU department should contact OISS immediately if funding is being reduced or eliminated for a WashU-sponsored employee in one of these visa categories.
• O-1 Employees: OISS must notify the attorney who filed the case so the O-1 petition can be withdrawn.
• E-3 Employees: OISS must withdraw the associated Labor Condition Application (LCA).
• For all visa types above, OISS can advise the employee on their grace period and available options.

• F-1 students on active STEM OPT should notify their OISS adviser as soon as possible upon learning that funding for their position will decrease or is ending.
• Changes in funding or employment end dates are considered material changes and require submission of an updated I-983 Training Plan. See While on STEM OPT for more information.

• F-1 students on approved STEM OPT are allowed up to 60 additional days of unemployment on STEM OPT, in addition to any unused unemployment days from their initial 90-day post-completion OPT period. Learn more about STEM OPT unemployment.

• After the STEM OPT end date, students have a 60-day grace period to leave the U.S., change immigration status, transfer to a new school, or begin a new program at WashU. Learn more about ending STEM OPT, departing the U.S. and changes of status.
• If the STEM OPT period is still active and the student has remaining unemployment days available, the 60-day grace period to leave the U.S. will begin either when the student reaches the maximum allowed unemployment days or the end date on the EAD, whichever comes first.

• F-1 students on active post-completion OPT should notify their OISS adviser as soon as possible upon learning that funding for their position will decrease or is ending. Student must update their SEVP portal with the new employment end date within 10 days of the change. Learn more about OPT reporting requirements.
• F-1 students on approved OPT are allowed up to 90 days of unemployment. Learn more about OPT unemployment.
• After the OPT end date, students have a 60-day grace period to leave the U.S., change immigration status, transfer to a new school, or begin a new program at WashU. Learn more about ending OPT, departing the U.S. and changes of status.
• If the OPT period is still active and the student has remaining unemployment days available, the 60-day grace period to leave the U.S. will begin either when the student reaches the maximum allowed unemployment days or the end date on the EAD, whichever comes first.

• If the CPT student is sponsored by WashU and the position funding is ending, the department should contact OISS.
• If the CPT student is sponsored by another institution, the department should contact the sponsoring institution.
• There is no grace period for CPT; if the funding for the CPT position ends, the student may continue to finish their academic program as long as they maintain status.