Employees
Department Responsibilities
The sponsoring department is responsible for paying all necessary filing and legal fees associated with the EBVS application. The department cannot pass on regular filing and legal fees to the employee. The employee can pay the premium processing fee and fees for dependents only.
During the Labor Certification Application (LCA), we reported the employees work to the Department of Labor. The employees work authorization is both employer and position specific. Any changes to position title, job duties, salary, FTE, employment end date, or work location may be a substantive change. This type of change requires the filing of an amended petition to USCIS. The department would be responsible for any filing or legal fees associated with this petition.
The employee can only be paid by USF and they cannot accept outside work, such as honorariums, short-term consulting work, guest lecturing, teaching courses, etc. This includes working for departments outside of their reported job duties. The employee can be reimbursed for travel and accommodation expenses.
The sponsoring department should consult with OIS for any of the following before making any changes:
- Change of work location or adding a work location. This includes working from home or remote work from a relative’s resident in another city or state.
- Promotion to a new position with updated duties.
- Placement on non-paid status.
If the employee resigns or is terminated, OIS will need to withdraw the USF sponsorship and the LCA. If the employee is in H-1B status and is dismissed/laid off/ terminated, the department will be responsible for the reasonable cost of return transportation to home country.
If the employee obtains another status or legal US permanent residency (green card), this must be reported to OIS.