End of Program/Employment Options
Important: The following information is intended for international scholars. However, supervisors and department administrators interested in understanding a scholar's end of program/employment options may find the following information helpful.
If, for any reason, an international scholar leaves Emory before their original end date, their department must notify ISSS as soon as possible.
Title
Options By Nonimmigrant Status
On Time Completion
If a J-1 scholar completes their exchange program on time, their department should report the on time completion by logging into ISSS Link and submitting a J-1 Scholar End of Program form. This form includes the final evaluation and can be found by logging into ISSS Link, navigating to the Departmental Services tab and clicking on J-1 Scholar Management (under Tasks). The scholar will get a 30-day grace period to leave the US.
Early Completion
If a J-1 scholar finishes their exchange program early, their host department should report the early completion by logging into ISSS Link and submitting a J-1 Scholar End of Program form. This form includes the final evaluation and can be found by logging into ISSS Link, navigating to the Departmental Services tab and clicking on J-1 Scholar Management (under Tasks). This form should be submitted before the scholar actually completes their program. The scholar will have a 30-day grace period to depart the US.
Early Withdrawal
If a J-1 scholar withdraws from their exchange program early without completing it, their host department must report the withdrawal by logging into ISSS Link and submitting a J-1 Scholar End of Program form. This form includes the final evaluation and can be found by logging into ISSS Link, navigating to the Departmental Services tab and clicking on J-1 Scholar Management (under Tasks). This form should be completed before the scholar actually withdraws. If possible, exchange visitors should plan a withdrawal carefully. They will not get the standard 30-day grace period to depart the US. Instead, the J-1 scholar will have to leave the US right away.
Transferring to Another Institution
To continue their J-1 program objective at another US institution, Exchange Visitors must complete the following procedures:
- Direct their host department to report the transfer by logging into ISSS Link and completing the J-1 Scholar End of Program form. This form should be submitted by the department administrator and the supervisor before the J-1 scholar completes their J-1 activities at Emory.
- Obtain an official invitation letter to participate in the other institution's exchange visitor program.
- Submit a completed J-1 Scholar Transfer Out Request Form to ISSS. Before emailing the completed form to Emory ISSS, the scholar must have:
- Section B completed and signed by their new international scholar advisor (at the transfer-in non-Emory institution) and
- Section C completed and signed by their current Emory supervisor/department chair
An ISSS advisor will review the request to make sure the transfer supports the scholar's original exchange visitor program objective and to certify that the scholar has maintained their J-1 status. Once the transfer is approved, ISSS will work with the new institution to set the official transfer-out date in SEVIS.
Termination
The following are reasons a scholar's SEVIS record could be terminated. If ISSS has to terminate a J-1 scholar's program for any of these reasons, the scholar will have to leave the US right away.
- Failure to maintain health insurance
- Unauthorized employment
- Failure to pursue exchange program activities
- Conviction of a crime
- Disciplinary action
- Violating exchange visitor program regulations
- Violating university rules and policies
On Time Completion
Some H-1B employees are granted a 10-day discretionary grace period. To confirm if DHS granted a grace period, an H-1B employee should check their most recent I-94. If the date on the I-94 is 10 days after the approved end date on the I-797 approval notice, the H-1B employee was granted a grace period, and they should depart the US by that date. H-1B employees cannot work during that 10-day grace period.
Early Departure (Resignation or Termination)
If, for any reason (e.g., resignation or termination), an H-1B employee will leave Emory University early (before their H-1B I-797 approval end date), the H-1B and the department must inform ISSS before the employee's last day at Emory.
Once the department is aware of an H-1B's departure, the department administrator must log into ISSS Link and initiate the H-1B/E-3 Status or Employment Ending Early form found under H-1B/E-3 Employee Management. Once completed, ISSS will do the following:
- email the department the necessary instructions which vary depending on the reason for the H-1B early termination; and
- notify USCIS and the US Department of Labor.
If an H-1B employee is considering leaving Emory early, ISSS recommends that the employee discuss their options with their ISSS advisor in advance. The ISSS advisor can provide the H-1B employee with advice on what is required for the employee to maintain legal H-1B status. H-1Bs do not receive an automatic a grace period at the end of their authorized stay, so it is advisable that they leave the US right away unless they have already done one of the following:
- secured employment elsewhere, and the new employer has already filed an H-1B petition to sponsor the employee; or
- have filed a petition to change status inside the US to another status prior to the end date of their employment.
On Time Completion
Some O-1 employees are granted a 10-day discretionary grace period. To confirm if DHS granted a grace period, an O-1 employee should check their most recent I-94. If the date on the I-94 is 10 days after the approved end date on the I-797 approval notice, the O-1 employee was granted a grace period, and they should depart the US by that date. O-1 employees cannot work during that 10-day grace period.
Early Departure (Resignation or Termination)
If, for any reason (e.g., resignation or termination), an O-1 employee will leave Emory University early (before their O-1 I-797 approval end date), the O-1 employee and the department must inform ISSS before the O-1's last day at Emory. Once the department is aware of a employee's departure, the department administrator must submit an O-1 Early Termination Notification (PDF).
If departing early, O-1 employees are not granted a grace period, so they must leave the US right away. O-1 employment authorization is not portable, meaning that if an O-1 is changing employers within the US, they have to get new O-1 authorization with the new employer.
On Time Completion
TN professionals should plan to depart the US on the admit until date listed on their most recent I-94.
Early Departure (Resignation or Termination)
If, for any reason (e.g., resignation or termination), a TN professional will leave Emory University before their TN employment end date (as listed on their most recent I-94 or their I-797 approval notice), the TN professional and the department must inform their assigned ISSS advisor.
On Time Completion
E-3 employees should make plans to depart the US by the end date on their LCA or by the admit until date on their most recent I-94 (whichever is earlier).
Early Departure (Resignation or Termination)
If, for any reason (e.g., resignation or termination), an E-3 employee will leave Emory University early (before their E-3 approval end date), the E-3 employee and the department must inform ISSS before the E-3's last day at Emory.
Once the department is aware of an E-3's departure, the department administrator must log into ISSS Link and initiate the H-1B/E-3 Status or Employment Ending Early form found under H-1B/E-3 Employee Management. Once completed, ISSS will do the following:
- email the department the necessary instructions which vary depending on the reason for the E-3 early termination; and
- notify USCIS and the US Department of Labor.
If an E-3 employee is considering leaving Emory early, ISSS recommends that the employee discuss their options with their ISSS advisor in advance. The ISSS advisor can provide the E-3 employee with advice on what is required for the employee to maintain legal E-3 status. E-3s do not receive an automatic a grace period at the end of their authorized stay, so it is advisable that they leave the US right away unless they have already done one of the following:
- secured employment elsewhere, and the new employer has already filed an E-3 petition to sponsor the employee; or
- have filed a petition to change status inside the US to another status prior to the end date of their employment.