H-1B Department Responsibilities

The academic department must:

1. Maintain a file for each H-1B employee. The file must include:

A. The Labor Condition Application and documentation of posting the LCA for a minimum of 10 days in two locations.  The locations and the dates of posting should be written on the LCA cover pages.

B. Documentation showing how the department determined the actual wage for the H-1B worker.

2. Provide the H-1B worker with a copy of the certified LCA on the first day of employment.

3. Ensure that the H-1B employee's job duties remain in compliance with USCIS regulations. Substantial changes in job duties may require ISSS to file an H-1B amendment.  These changes include:

• Promotions creating significant change in duties, such as taking on supervisory responsibilities or budget management for the unit
• Demotions
• Decreases in hours, salary, benefits
• Changes in physical location of employment

4. Notify ISSS if your H-1B's employment ends early.

Should an H-1B be terminated before the end date of the H-1B status, the employer will be liable for the reasonable costs of return transportation to the last place of foreign residence.

Note: If the H-1B worker voluntarily terminates his or her employment prior to the expiration of the validity of the petition, he or she has not been dismissed and the travel costs are not the responsibility of UMD.

Please complete the Early Termination Form in iTerp no later than the last date of employment.