When a foreign national employee leaves, you have a few additional steps to manage for a compliant exit alongside payroll, benefits, and equipment. Immigration can create follow-up for you, your payroll team, and immigration counsel. A clear handoff helps everyone stay on top of those steps.
- Tell your immigration provider about the planned exit before the employee meeting whenever possible, so they can flag what applies before you talk to the employee.
- Confirm the final day of work and share the employee's current status documents and pending immigration cases.
- Ask which employer actions apply to this employee. Common examples include petition withdrawal, STEM OPT reporting, green-card case decisions, and an H-1B return-transportation offer.
- Give the employee clear information about their employment, and let your provider advise on any immigration questions that depend on their individual facts.
Most exits move quickly. You may hear about a separation in the morning and need a plan before the employee meeting. When the employee is a foreign national, add immigration to that plan.
You do not need to solve the employee's immigration situation yourself. Your job is to give your immigration provider the facts, complete the employer steps they identify, and communicate the employment decision clearly.
Before you call your immigration provider
Before you communicate a final day, pull together the details below. They give your immigration provider what they need to tell you which steps apply.
- The planned last day of work, along with any notice, garden leave, severance, or paid leave.
- The employee's current visa type, I-94 expiration date, petition approvals, and any dependents in related status.
- Any active or planned immigration cases, including extensions, amendments, PERM, Form I-140, and Form I-485.
- Whether the employee is in F-1 OPT or STEM OPT, and the company contact who can support the required school and Form I-983 steps.
The separation date and payment terms can affect an immigration timeline. Give counsel the facts before you answer questions about the employee's status, travel, or next steps.
What you should do next
Ask what the company needs to do and what timing matters for this employee's case.
Make sure the date you share with the provider and employee matches your HR records.
Those may include a petition withdrawal, a STEM OPT school notification, a green-card case decision, or an H-1B return-transportation offer.
Save the provider's guidance, the employee communication, and proof that you completed each employer action.
Know which cases need extra attention
H-1B employees
Ask your provider to handle the appropriate case-closeout steps, including any petition or LCA action. The employee may have a discretionary grace period of up to 60 consecutive days in some circumstances, limited by their authorized stay. Ask your provider to review the dates before you discuss a grace period with the employee.
If the company dismisses an H-1B employee before the end of the authorized period of stay, the employer is responsible for the reasonable cost of the employee's return transportation abroad. Confirm the facts with your immigration provider, then make the offer in writing and keep the employee's response.
H-1B1 and E-3 employees
Tell your provider when the final day is set and ask what company filing or withdrawal steps apply. H-1B1 and E-3 employees may have a discretionary grace period of up to 60 consecutive days, limited by their authorized stay. The company generally does not have the H-1B return-transportation obligation for these categories, though you can still choose to offer travel support under your own separation policy.
L-1 and TN employees
Tell your provider when the final day is set and ask what case-closeout step applies. L-1 and TN cases often have different filing histories from H-1B cases, so your provider can confirm whether the company needs to withdraw a petition or keep a record of the end of employment. The company generally does not have an immigration-based return-transportation obligation for L-1 or TN employees.
O-1 employees
Tell your provider when the final day is set and ask what petition-closeout step applies. If the company ends O-1 employment before the end of the authorized stay, the employer and petitioner may be responsible for the reasonable cost of return transportation abroad. Ask your provider to confirm the facts and prepare the written offer if it applies.
F-1 OPT and STEM OPT employees
Give the employee a letter or email confirming the final day of work and remind them to report the change to their school. An OPT employee's unemployment days begin to accrue when qualifying employment ends, and the school can confirm the employee's unemployment-day count and next steps.
For STEM OPT, the employer must report the employee's termination or departure to the student's designated school official within five business days. Help complete the final Form I-983 evaluation, then make sure the student has what they need to submit it to the school within 10 days after the training opportunity ends.
Review green-card cases before you close them
A green-card case needs a separate review before you close it. A pending PERM, Form I-140, or Form I-485 can affect both the company and the employee. Tell your provider the final day of work and ask them to review the stage below before you take action.
Ask whether the company still has a genuine permanent role available for the employee. If it does not, tell your provider so the case can be closed appropriately. A pending PERM does not give the employee work authorization or extend their stay.
Ask your provider whether the company should file the I-140 before the PERM validity window ends. That decision depends on whether the company still has a genuine future permanent role and can support the required filing. An approved PERM alone does not extend the employee's work authorization or stay.
Ask your provider whether the company should continue the filing, seek premium processing, or withdraw it. The company should continue only when it can support the future permanent job described in the petition. A pending I-140 does not itself extend the employee's work authorization or stay.
Withdrawal timing can affect whether the employee retains the priority date and may affect future H-1B extension options, so this is not a routine exit task. Ask your provider to review the approval date, any related Form I-485 filing date, and the company's continuing job offer before you act.
Contact your provider before you withdraw an I-140 or tell the employee that the green-card case is ending. Some employment-based adjustment applicants with an approved I-140 may change employers or jobs after Form I-485 has been pending for at least 180 days when the new job is in the same or a similar occupational classification, though other requirements apply, so your provider should review the case first.
These cases usually do not depend on the company's continued sponsorship. The employee's separate work authorization or status can still be affected by the end of employment, so ask your provider what company action, if any, is needed for the related case.
How to make the H-1B return-transportation offer
Verify the employee's H-1B classification, petitioner relationship, final day of work, and dismissal facts with your provider.
Tell the employee that the company will arrange reasonable one-way economy transportation to their last place of residence outside the United States.
Give the employee time to accept or decline. If they accept, ask for the destination and a reasonable travel timeframe.
Keep the written offer, the employee's response, and the ticket confirmation or signed declination in the exit file.
Give the employee the records they may need
Before the exit is complete, give the employee a final employment or separation letter showing the last day of work. Depending on the case, they may also need:
- Recent pay stubs.
- Copies of immigration filing and approval notices.
- A completed final Form I-983 evaluation, if applicable.
- The H-1B return-transportation offer and response, if applicable.
Confirm with your provider which company records you should share.
Close the loop in the HR record
Before you close the exit, make sure the immigration steps are complete. Keep the final day of work, your provider's guidance, the employee communication, any required filing or school handoff, and the H-1B transportation offer when it applies. Limit access to immigration documents to people who need them for their work, and follow your record-retention and privacy practices.
Frequently asked questions
Payment after the last day of services does not, on its own, answer the immigration question. The employment arrangement and visa type matter. Share the planned dates and payment terms with your provider before you give the employee an answer.
No. USCIS may provide a discretionary grace period of up to 60 consecutive days in qualifying circumstances, and it cannot extend beyond the employee's authorized stay. Ask your immigration provider to review the employee's specific dates and options.
Do not make that decision as a routine offboarding step. The case history and timing can affect both the company and the employee. Ask your immigration provider to review the case before you withdraw it or talk to the employee about it.
This article is for general information only and does not provide legal advice. Immigration consequences depend on the employee's facts, the employer's filings, and current law. Coordinate with qualified immigration counsel before taking action or communicating an immigration outcome.
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