Global Services

Yes. DACA status is independent of sponsorship, so furlough is permitted for nonessential roles.

F-1 employees (including STEM OPT) may be furloughed but not terminated. F-1 status is sponsored by a university, so it is recommended that you contact your sponsor to determine whether a furlough counts as unemployment. Many universities do not count government shutdown furlough as unemployment. Whether furlough is considered unemployment is up to the U.S. university sponsor, not the lab. Please verify with your university as F-1 unemployment limits do apply.  

F-1 OPT employees may be furloughed if they are nonessential, but they are not terminated. Benefits will continue. However, it is recommended to clarify the employee portion of benefits with the Fermilab Benefits Office. 

Yes, you would remain an active employee, according to lab policy, but please refer to your university sponsor for official recordkeeping. Unless you are in H-1B status (terminated during furlough), you will remain listed as an active employee in the lab’s records. 

Please consult your university sponsor for guidance. Lab policy is unable to provide an answer for how SEVIS unemployment is counted related to PTO. The lab considers furloughed F-1 STEM OPT employees as still employed, but the university determines maintenance of status. 

If you have a valid F-1 visa stamp and STEM OPT card, you may travel internationally and return. Please consult your U.S. university sponsor for further information on your visa status. The lab does not make decisions about maintenance of F-1 status. 

This is complex and depends on timing and USCIS processing. The lab will follow up as guidance develops. The employee’s status at furlough start determines what rules are followed. In rare cases, the employee’s situation will be closely monitored throughout. 

In the event of MinSafe operations, since H-1B regulations do not allow no-pay status, otherwise known as “benching,” nonessential employment for H-1B visa holders must be terminated. Once the furlough ends, the lab may extend offers to return, if possible. 

H-1B status does not permit furloughs related to lack of work. H-1B holders cannot be placed on leave without pay unless the leave is due to reasons unrelated to furlough, such as medical leave or caring for a family member, and must be approved prior to the furlough start date. There is no allowable duration for leave without pay due to furlough; the only permissible cases are unrelated to employer circumstances. 

H-1B employees cannot be furloughed. Leaving the country does not preserve H-1B status if your worksite is in the U.S. If your job is nonessential, employment must be terminated, and the offer to return may be extended to you once the furlough ends. If the lab were to enter MinSafe operations, nonessential H-1B employment would be terminated. During this grace period, you may leave, switch employers, or apply for a change of status. 

Yes, you will still get a grace period. H-1B termination triggers a grace period—either 60 days or until the end of your current I-94 validity, whichever is sooner. During this grace period, you may depart the U.S., apply for a change of status, or secure new employment with another qualifying sponsor. Terminated H-1B holders may remain in the U.S. during that entire grace period. 

No. If an H-1B employee is terminated, even if they have a valid visa stamp in their passport, they cannot leave and re-enter the U.S. using the H-1B visa stamp. The stamp must be accompanied by an active and valid H-1B status. During the grace period, re-entry is not permitted until rehired. 

Correct. If you leave the U.S. during the 60-day grace period following termination, you must remain outside until you are rehired. After you are rehired, you can use your existing valid H-1B visa to re-enter. 

If a new petition cannot be filed before the 60-day grace period ends, the employee should depart the U.S. at least two weeks prior to the end of the grace period. Once the lab reopens, a new petition will be filed, and re-entry will be possible. 

If a new petition is filed and delivered to USCIS during the grace period, the grace period clock is stopped, allowing the employee to remain in the U.S. and return to work once filing is received. 

Yes. If H-1B employment is terminated during furlough, a new H-1B petition must be filed to resume employment. The lab will file the petition within your grace period (if the lab is reopened). You can begin working upon USCIS receipt of the new petition. Every rehired employee will need a new H-1B petition. Depending on their situation, they may or may not need to wait for approval before returning. 

No, ongoing green card processes (PERM, I-140, EB-1, EB-2 NIW) are not tied directly to employment at the lab. The employee does not need to be employed by the company for the green card process to continue. 

Terminated employees do not receive benefits. Please contact the Fermilab Benefits Office if you have further questions.  

There is no guarantee, but the Visa Office plan is to return employees to their original positions if rehired after furlough. Confirm with your supervisory chain for certainty. 

Yes, the plan is to rehire all eligible terminated H-1B visa holders pending operational needs. Final decisions depend on management and operational needs. 

If the furlough lasts more than 60 days, rehiring may not be a possibility. If furlough ends sooner, preparation of new H-1B petitions for rehired employees will be the top priority. 

Immigration status is not considered when determining whether a job is essential for furlough purposes. The essential nature of the job itself is reviewed when making decisions about furloughs. 

No there would not be an issue, as long as the new employer is cap-exempt. You may transfer your H-1B from one cap-exempt employer to another. You may accept an offer from another university willing to sponsor your H-1B, and you may onboard with them based on the filing of the H-1B petition. 

Yes, if you are lawfully married, you may file for a change of status to H-4. Filing the change of status application preserves your lawful status and stops the grace period clock, even while the application is adjudicated. Changing to H-4 dependent status during the grace period is a safe option.

A valid H-1B visa stamp remains usable for its entire period, regardless of employer. You may use an unexpired visa stamp from your previous H-1B employer for travel if you are maintaining H-1B status in general. All valid H-1B visa stamps remain effective for the entire period if you have valid H-1B status. If you left during the grace period and are rehired, you may re-enter using your previously issued, valid H-1B visa. 

Yes. After termination and rehire, the lab must file a new H-1B petition, and you will need to use the new approval notice to apply for a visa stamp abroad if you do not already have one. 

No. During MinSafe operations, nonessential employees are not allowed to work remotely from outside the U.S.—this applies regardless of visa status or U.S. citizenship. Remote work from abroad, regardless of employee status, is not permitted by the lab during a furlough.  

The $100,000 fee only applies for brand new hires from abroad who have never had H-1B status. It does not apply to employees temporarily terminated due to furlough. 

J-1 exchange visitors may be furloughed if they have sufficient daily funding or choose to depart the U.S. temporarily. In these situations, the program remains active or is marked “active, out of country.” The program will only be ended if the individual lacks funding and does not depart the U.S. It depends on your situation. You may be placed on “active out-of-country” or “furlough” status if you have sufficient personal funding or depart the U.S. temporarily. Employment is maintained and the program does not end in these cases. 

The two-year home residency requirement applies only to some J-1s, preventing switching to H-1B or permanent residency without first fulfilling the requirement. Separately, a two-year bar applies after closure of a J-1 Research Scholar program: a new J-1 Research Scholar program cannot be started for two years with any sponsor in the U.S. The two-year home residency requirement restricts entry with other statuses, not J-1. The repeat participation two-year bar applies to opening another J-1 Research Scholar program. If a J-1 Research Scholar program is terminated, a new program cannot be started for two years. 

 Yes. LPR status is no longer related to sponsorship and does not require employment for status maintenance, so furlough is permitted for nonessential roles. 

Yes. Furlough is permitted for TN employees in nonessential roles. 

Conservatively, yes. Furloughed TN employees should leave the US. They may return to the US after the furlough ends, with a new TN support letter. 

Yes; USCIS is fee-funded and continues processing. Department of Labor processes may be affected and could be delayed. USCIS is funded by application fees and generally continues processing without delay during shutdowns.

No. The lab does not provide this service.

The expectation is that employees return to the same roles, but this is subject to management decision

No. If your H-1B visa stamp is unexpired, it remains valid for entry regardless of employer.

No, remote work from abroad is not permitted for anyone during furlough, regardless of status.

Yes, the Visa office will be furloughed with all other employees but will maintain the ability to monitor communications for emergencies.