H-1B & EB-2 Faculty & Staff - Hampton University International Office

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H-1B Visa

H-1B temporary worker status is designated for individuals coming temporarily to the U.S. to work in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement.” Further, the U.S. Citizenship and Immigration Services (USCIS), the federal H-1B petition adjudication authority, adds that “the ‘degree’ means not just any degree, but one in a specific specialty that is directly related to the offered position.”

The H-1B is an ’employer specific’ status. This means that the H-1B employee may only be paid by the specific H-1B petitioner and only according to the terms in the H-1B application. Scholars in H-1B status cannot accept funds from another employer or source other than the employer listed in the H-1B application.

H-1B status is most often use for faculty and academic positions such as, Assistant Professor, Instructor and Associate Research Scientist. Occasionally, postdoctoral associates will be eligible for H-1B, but they most commonly use the J-1 status.

Please consult with your the international office to determine whether or not H-1B is the best visa for the scholar/employee and/or the presented appointment/position.

Initiating the Process
The H-1B application is always initiated by the hiring department. As soon as the appointment is confirmed and it has been determined the H-1B is the status to be obtained, OISS will work with both the scholar and the department to collect the required information and documentation. Once this happens, look for an email from your OISS adviser with the subject ‘H-1B instructions.’

Maximum Duration

H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers). Because the application process is lengthy and complex, requesting a full-three-year H-1B (provided the intention is to retain the scholar for three years) is recommended and advantageous.

Processes and Steps to File Academic H-1B Visa:
Sponsor: A U.S. employer, such as a university or research institution, willing to sponsor your H-1B visa.

Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the DOL to ensure they are offering a fair wage for the position.

Filing the Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor (DOL) to ensure that hiring you will not negatively impact U.S. workers.

Form I-129 Petition: The employer files Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS), including all necessary documentation.

USCIS Review: USCIS reviews the petition and, if approved, issues an approval notice (Form I-797) Approval Notice.

Information

Responsibility of Hiring Department and HR

Responsibility of Hiring Department & HR

- - Alert International office (HUIO) of h1b hire 6 months in advance, unless the hiring department is paying for expedition.
  - The HUIO has a 10 business day lead time.
  - H-1B participants must complete a ‘H1-B TRANSFER’, which is an entirely new H1-B application.
  - Fill out the “H-1B friendly Hiring Package.”
  - Have Appropriate Fee’s prepared
  - Application Fee
  - Expedition fee (Optional)
  - Anti-fraud fee

Travel Restrictions

- If you have filed a change of status petition to H-1B from another non-immigrant status, such as F-1, J-1 or TN, you may not travel outside of the U.S. while the petition is pending. Leaving results in abandonment of the petition. travel restrictions
- Extension of Stay and Total H-1B Duration
  - You have a maximum stay of 6 years no matter how many different employers you work for.
  - Extend your stay through your department chair and have them email internationaloffice@hamptonu.edu.

Extension of stay & H1-B Duration

Extension of Stay and Total H-1B Duration

- You have a maximum stay of 6 years no matter how many different employers you work for.
- Extend your stay through your department chair and have them email internationaloffice@hamptonu.edu.

Traveling on a New Visa

Obtain a new passport with the new visa page for yourself and for H-4 dependents to travel.

- - To obtain an H-1B visa from the U.S. Consulate / Embassy you will need the following documents:
    - The original I-797 H-1B approval notice
    - OR letter from your hiring department stating that you are still employed.
    - A complete copy of petition–can be provided by USCIS.
    - A valid passport (unless passport exempt).
    - Check consulate website at which for any additional requirements.
  - Any dependents (spouse and unmarried children under the age of 21) of H-1B workers.
    - A copy of the original I-797 H-1B approval notice and I-797 H-4 approval (if applicable).
    - A copy of the I-129 employment petition submitted to DHS
    - Proof of marriage to the H-1B specialty worker (for spouses).
    - Birth certificate (for children).
    - A valid passport (unless passport exempt).
    - Each time you obtain an H-1B visa and new I-94 record, provide a copy to

Helpful Links

Helpful Links
- https://travel.state.gov/content/travel/en/us-visas/employment.html
- https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions/about-basics.html

H-1B Visa

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