h-1B general information

Flowchart of Process

H-1B Temporary Worker

This status is used for teachers, researchers or administrators offered full-time positions which require at least a Bachelors degree. H status is very job specific. To maintain status, the H-1 must be on a paid appointment. No payment from other employers is allowed unless that employer has also obtained H-1 status for him/her, but the H-1 may be reimbursed expenses for lectures elsewhere. The H application requires an approved Labor Condition Application from Department of Labor and the salary must meet the prevailing wage. H status is valid for up to six years. An H-1 amendment is required if the position changes. It is appropriate for tenure-track positions. Dual intent applies to this status: it is no problem to hold H status and apply for permanent residence at the same time. It is time-consuming (4-6 months) to obtain unless premium (expedited) processing requested for an additional fee. The annual limit (cap) does not apply to educational institutions. H-1 dependents (H-4s) may not work. H status may be obtained for three years initially, with a three-year extension or any lesser increment.

Your employing department will send a request to ISSS to initiate the H-1 process. We will work with the department to obtain an H-1 approval for you. If you are abroad, the approval will be sent to you so you can apply for an H visa. If you are already in the U.S., you may be able to stay and apply for a change of status through the Immigration Service.

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