How to Manage Employees with Expired Visas


Overview


Employees who have applied for visa renewal, but have not yet received it, are not permitted to work. They must be placed on inactive status until their visa is renewed. This article explains how to handle employees who are waiting for their visa renewal.

Critical Concepts


Place the employee on an unpaid leave of absence – see action and reason codes below. Employee will need to work with the UCPath center to cover the employee portion of benefits if they have any elections as with other unpaid leaves.

How to Request a Leave of Absence

Please Note: If you choose to separate and rehire the employee, you will be required to payout vacation time.

ActionReasonDescriptionComments
LOAEWAExpired Work AuthorizationUnpaid leave placed on an employee with or without notice, due to an expired work authorization

 

When the employee obtains their work authorization, follow the steps to return them from leave. When determining the length of the leave, it is recommended that you allow a window of time sufficient enough – you can return an employee from leave earlier than expected. In the notes section of the transaction (which are required), document that the Visa renewal is in process and delayed to due USCIS office closures related to COVID-19.

If you still have questions or need additional assistance, please submit a ticket.