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 What is H-1B status?
The H-1B status is used to employ a foreign national in a "Specialty Occupation"
for period of up to six years. A specialty occupation is defined as "an
occupation that requires (A) theoretical and practical application of a body of
highly specialized knowledge, and (B) attainment of a bachelor's or higher
degree in the specific specialty (or its equivalent) as a minimum for entry into
the occupation in the United States."
What is the process for obtaining H-1B status
for an employee?
The
Steps for H-1B Work Authorization outlines responsibilities of the hiring
department, the beneficiary/employee, and Human Resources Management. The process is initiated by the
department completing the H-1B
Information Form and forwarding it to the appropriate
HR Generalist in the
department of Human Resources Management
with the employee's resume/curriculum vitae attached.
How long can I sponsor the H-1B for?
The initial petition can be filed for up to 3 years, and can be extended up to a
total of 6 years. Given the burden of filing fees each time the petition is
extended, applying for the maximum 3 years initially is recommend. Please
consult the department of Human Resources
Management if you have additional concerns about the length of time.
What is the process for extending an H-1B?
The process for extensions, amendments, and transfers is exactly the same as the
initial application process. The one difference is that the petition just has to
be filed with the US Citizenship and Immigration Service before the start date
of the extension or new position.
How long does it take to obtain an H-1B?
Processing times vary greatly dependent upon Department of Labor and US
Citizenship and Immigration Service work loads, however it is best to allow at
least 4 months for the process. For individuals outside the U.S. allow at least
an additional 2 months for obtaining the Visa Stamp.
What is the Labor Condition Application?
The Labor Condition Application is a step of the H-1B in which the employer must
obtain certification from the Department of Labor that the wage is a fair wage.
The Labor Condition Application is required to be posted at the employees work
site for 10 business days. Once approved by the Department of Labor the H-1B
case can proceed.
Is there anyway to expedite an H-1B?
Yes, a process allows for the expedition of a case for an extra $1,000 fee. This
is called Premium Processing. This will guarantee adjudication of the US
Citizenship and Immigration Service portion of the petition within 15 days. You
still must allow sufficient time to compile a case, obtain a prevailing wage,
and obtain an approved Labor Condition Application. Anticipate this will cut the
total processing time down to 1 or 1 1/2 months.
Does the employer have to file the case or can
the employee self petition?
An H-1B is an employer petition. The employee cannot file the petition on their
own.
If an individual has an H-1B with another
employer can they come work for the University?
An H-1B is an employer and position specific work authorization. The H-1B must
be transferred before the employee can begin work for the College.
Can an individual on H-1B status transfer from
one department to another at the College?
Yes, however in most situations this will require an amendment of the H-1B.
Similar to the transfer from another company, the amendment process must be
initiated before the employee can move. Contact the department of Human
Resources Management to determine if the move requires the filing of an H-1B.
Can someone on a J-1 change status to H-1B?
Yes, as long as they are not subject to the 2-year Home residency requirement
they are eligible to apply for a change of status to H-1B. Additionally, the
individual's background and the position must be appropriate for the H-1B
status.
Can someone on an F-1 change status to H-1B?
Yes, this is quite common. The individual's background and the position must
also be appropriate for the H-1B status.
Can dependents of an H-1B work?
No, individuals in H-4 status cannot work. However, they may be eligible to
obtain their own H-1B.
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