Office of the Provost
Immigration Rules, Rights & Responsibilities for International Employees in H-1B, O-1 and TN Visa Classifications
This information is directed to those UNCG employees who hold H-1B, O-1 or TN visa classification. If you are the recipient of one of these visas, you have been granted permission by the USCIS to be employed by UNCG for a specific period of time, in a specific position.
Visa Classification Granted Through Change of Visa Status from Within the US
USCIS Approval for H-1B, O-1 or TN Visa Classification While Outside the US
Special Information for Canadian Citizens
Maximum Presence in the United States
Notifying USCIS of Any Change of Address
Responsibility for Compliance with Immigration Regulations
Visa Classification Granted Through Change of Visa Status from Within the US
If you are currently in H-1B, O-1 or TN visa status, which was granted to you from within the US by virtue of an application for a change of nonimmigrant visa status, you have been issued Form I-797 and corresponding I-94 card by the USCIS. Please be aware that Form I-797 is not a visa although it does permit you to work for UNCG for the time period specified on the Form.
The next time that you travel outside the borders of the US, you will need to apply for a visa in your passport in order to return to the US in H-1B, O-1 or TN classification. To apply for a visa, you will need to take the original of Form I-797 along with a copy of the petition filed by the University on your behalf, to a US Embassy or Consulate outside the US. You will be asked to complete Form DS 156, application for a non-immigrant visa. You will also have to pay a fee to obtain your visa -- the amount will vary depending upon your country of citizenship.
Once you have obtained a new visa in your passport, you may apply for admission to the US at a port of entry. A USCIS Officer will examine your documents and issue you Form I-94, Record of Arrival and Departure. The period of validity on your I-94 card should coincide with the dates on the Form I-797. This card is very important as it signifies proof of your H-1B visa status, legal entry into the US and authorization to be employed by the University of North Carolina at Greensboro. Review this document carefully at the Port of Entry for any mistakes as these are difficult to correct once you have left the Port of Entry.
USCIS Approval for H-1B, O-1 or TN Visa Classification While Outside the US
If you were outside the US at the time an H-1B, O-1 or TN visa petition was filed on your behalf, you must wait until UNCG obtains USCIS Form I-797, Notice of Approval, before you are eligible to apply for a visa with which to enter the US and assume your employment. Once the USCIS has notified UNCG that it has approved our petition, we will send the original of Form I-797, along with a copy of the petition, to you at your home outside the US.
You must take these documents to the US Embassy or Consulate closest to your place of residence to apply for your passport visa. Be sure to take your valid passport. You will be required to complete form DS 156, application for a nonimmigrant visa, at the Embassy or Consulate. Each US Embassy or Consulate has differing procedures for nonimmigrant visa applications. Fees for applying for these visas also vary by country. Check out the State Department's list of Embassies and Consulates with online information about application procedures and requirements.
Once you have obtained a visa in your passport, you may apply for admission to the US at a port of entry. A USCIS Officer will examine your documents and issue you Form I-94, Record of Arrival and Departure. The period of validity on your I-94 card should coincide with the dates on the Form I-797. This card is very important as it signifies proof of your H-1B visa status, legal entry into the US and authorization to be employed by the University of North Carolina at Greensboro. Review this document carefully at the Port of Entry for any mistakes as these are difficult to correct once you have left the Port of Entry.
Special Information for Canadian Citizens
Citizens of Canada are not required to obtain a visa to enter the US. This is true not only for tourist visas, but also for visas which permit employment such as the H-1B, O-1 and TN. However, the H-1B and O-1 visas do require a petition to USCIS for permission to employ you. If approved, UNCG will receive Form I-797, Notice of Approval, from USCIS. If you are inside the US in another nonimmigrant visa category, we will ask for a change of status to H-1B, O-1 or TN. We will notify you when we receive the USCIS approval notice. If you are in Canada, we will forward the approval notice to you. Because you do not need a visa, you will simply present Form I-797 to the USCIS Officer at the port-of-entry (if driving) or to pre-flight inspection at the airport.
If you are in Canada and plan to obtain TN visa classification, it will not be necessary for us to submit a petition to USCIS. Instead, we will prepare a packet of information for you to carry with you to present to the immigration officers at the port of entry.
Employment Limitations
It is important for you to understand that you are only authorized to work for the University of North Carolina at Greensboro. The H-1B, O-1 and TN visas are employer and position specific. If you discontinue your employment with UNCG at any time prior to the end of the validity date, you will be considered out of status and will be required to depart the United States. If you accept a position with another employer, that institution will be required to obtain another H-1B approval on your behalf in order for you to be employed by them.
If you are offered the opportunity to change positions within UNCG, you must contact the Office of the Provost before you assume your new position. Depending upon the circumstances of the change, we may be required to submit an amended petition to the USCIS which will allow you to hold a different position.
Maximum Presence in the United States
H-1B STATUS
The maximum allowable time for any individual to remain in the US in H-1B status is six years. USCIS regulations permit an employer to ask for an initial three years, with extensions of up to an additional three years possible. At the end of the six year period, the holder of H-1B status must either:
- depart the US for a period of not less than one year before s/he is eligible for a new H-1B visa;
- change to a different nonimmigrant category (if eligible); or
- obtain permanent residency in the US.
O-1 STATUS
There is no explicit statutory limitation on the period of stay for O-1 nonimmigrants; the initial period of stay may be approved for the time necessary for up to three years. Extensions of stay can be granted in increments up to one year.
TN STATUS
Those individuals in TN visa classification will be admitted to the US in one year increments. There is no statutory limitation on the number of years a foreign national may remain in TN visa status as long as it is renewed on a yearly basis. However, please be aware that the TN visa is not meant to be used for permanent employment and may not be used for tenure-track positions.
Payment of US Taxes
International employees holding H-1B, O-1 or TN status are subject to Social Security (FICA) taxes as well as federal income tax. If you have been in the US in another nonimmigrant visa category, you will need to complete a new Form W-4 and make a revision to Form I-9 to indicate the change in your visa and tax status. You may obtain the I-9 form from and return it to Human Resource Services. You may obtain the W-4 form from the Payroll Office. Please return the W-4 to the Payroll Office with a copy of your I-797 Notice of Approval.
Individuals in H-1B visa status are entitled to file their income taxes as permanent residents once they have met the IRS definition for "substantial presence". See IRS publication 519 for an explanation of substantial presence.
If you have been approved for permanent residence status in the U.S., your income is subject to federal and state taxes and you will be considered a resident alien for tax purposes.
The Payroll Office provides a Foreign Visitor Tax Guide for international employees. Please see Brooks Taylor in the Payroll Office for additional information on tax issues.
Extensions of Stay
You have permission to be employed at the University of North Carolina at Greensboro until the expiration date listed on Form I-797 or your I-94 card. If you are offered an opportunity to extend your employment at UNCG, we must file a request for extension with the USCIS. To remain in valid status, this extension request must be received at the USCIS on or before the date your current stay will expire.
Requests for extensions of stay must be made by your department on your behalf. It is currently taking approximately 3-6 months for USCIS to process a request for an extension. In addition, it will take 30 to 60 days to prepare the extension request. Therefore, please ask your department to contact the Office of the Provost well in advance of the date your current stay will expire.
Notifying USCIS of Any Change of Address
If you move, you are required to report your new address to the USCIS within ten days of your move. To change your address, download Form AR-11 from the USCIS website. Complete one form for each family member and mail it to the address on the front of the form. You may also file Form AR-11 online at the USCIS web site.
Maintaining visa status
- Maintain a valid passport at all times.
- H-1B, TN and O-1 visa status and the subsequent work authorization is specific to UNCG, the department and the position; no changes in employment (i.e., department or positions) are authorized unless UNCG first petitions for this change in employment conditions with USCIS.
- Do not accept payment in the form of stipends or honoraria from any outside institutions where you may have performed services, such as lectures or seminars, unless you have employment authorization specific for that employer.
- You are allowed to work at more than one Institution at a time, provided that each employer has an approved H-1B, TN or O-1 petition from USCIS authorizing you for employment.
- Be aware that I-94 cards indicating H-1B, TN, and O-1 status have correct date-specific end dates. These end dates must correspond to the end date indicated on your I-797 Notice of Action for your visa status received through UNCG. Please see the Office of the Provost if you have an incorrect end date on your I-94 card.
Responsibility for Compliance with Immigration Regulations
It is your responsibility to comply with all federal immigration regulations which govern your specific nonimmigrant visa classification. Federal laws enacted by the US Congress in 1996 state that failure to maintain legal immigration status in the United States will effectively nullify your visa. Furthermore, remaining in the US beyond the designated period granted by USCIS could subject you to a bar from re-entering the US for a period of up to ten years. Please do not jeopardize your legal right to remain in the US by accepting unauthorized employment, failing to apply for an extension of stay as necessary, or violating your immigration status in some other manner.
The Office of the Provost is available to answer any questions you might have related to your immigration status and responsibilities. Please do not hesitate to contact us if you need assistance.