H-1B & EB-2 Faculty & Staff - Inbound ↓

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.

 

Guidance for H-1B Visa Holder Scholars

Research Collaboration and Outside Research Affiliations

Hampton University recognizes the importance of scholarly collaboration and research partnerships with other universities, research institutions, and organizations. H-1B visa scholars may participate in legitimate academic and research collaborations; however, all activities must comply with U.S. immigration regulations and the terms of the scholar’s approved H-1B visa petition and Labor Condition Application LCA.

H-1B visa scholars must consult the Hampton University International Office before accepting or beginning any outside research appointment, affiliation, employment, or other professional activity.

1. Collaborative Research

Collaborative research generally involves an H-1B visa scholar employed by Hampton University working collaboratively with faculty, researchers, or scholars at another institution while remaining employed by and compensated by Hampton University.

Examples may include:

  1. Participating in joint research projects;
  2. Co-authoring scholarly publications;
  3. Sharing research data, equipment, or academic resources;
  4. Participating in research meetings, seminars, or academic conferences;
  5. Collaborating with researchers at another institution; and
  6. Using another institution’s research facilities when the activity is related to and part of the scholar’s authorized Hampton University employment.

In a genuine research collaboration, Hampton University remains the scholar’s employer, and the outside institution does not employ, compensate, or assign separate employment duties to the H-1B scholar.

2. Research Affiliations

A research affiliation may establish an academic relationship between an H-1B visa scholar and another institution and may provide access to research facilities, laboratories, libraries, equipment, or other scholarly resources.

An affiliation does not automatically constitute employment. However, the title or designation of Research Affiliate, or a similar title does not, by itself, authorize employment.

If the outside institution requires the scholar to perform services, conduct assigned research, teach, supervise students, perform administrative duties, or otherwise work for that institution, the activity may constitute employment and may require separate H-1B authorization.

3. Paid Employment at Another Institution

An H-1B visa scholar may not accept or begin paid employment at another university, research institution, company, or organization without appropriate employment authorization.

This includes full-time, part-time, temporary, adjunct, consulting, or other compensated employment.

If another institution intends to employ the H-1B scholar, that institution may need to file an appropriate H-1B visa petition for the proposed employment, including a concurrent H-1B petition when applicable. The scholar must not begin employment until the required immigration authorization has been obtained.

4. Unpaid Research and Academic Activities

Unpaid status does not automatically mean that an activity is permissible under H-1B regulations. The nature and substance of the activity must be considered.

An unpaid research collaboration may be appropriate when the scholar remains employed by Hampton University and the outside activity does not create an employment relationship with the other institution.

For example, an H-1B visa scholar may potentially participate in an unpaid academic research collaboration involving joint research discussions, scholarly meetings, publications, or access to research resources while continuing to perform authorized employment for Hampton University.

However, an unpaid position that requires the scholar to provide services, perform assigned work, teach courses, conduct research on behalf of the outside institution, supervise personnel or students, or perform administrative responsibilities may raise significant H-1B employment concerns.

5. Outside Faculty or Academic Appointments

H-1B visa scholars should exercise particular caution before accepting titles such as Adjunct Professor, Visiting Professor, Research Professor, Lecturer, Research Scientist, or other faculty or research appointments at another institution.

An academic title does not by itself determine whether an employment relationship exists. The actual duties, compensation, supervision, control, work location, and terms of the appointment must be evaluated.

Scholars should not accept or begin such an appointment without prior review by the Hampton University International Programs Office.

6. Required Review Before Beginning Outside Activities

Before accepting or beginning any outside research appointment, affiliation, employment, faculty appointment, consulting activity, or other professional engagement, the H-1B visa scholar should provide the International Office with:

  1. The proposed appointment letter;
  2. A detailed description of the proposed duties and responsibilities;
  3. The proposed start and end dates;
  4. Information regarding compensation or confirmation that the activity is unpaid;
  5. The location where the activity will be performed; and
  6. Any agreement or contract between Hampton University and the outside institution.

The International Office will review the proposed arrangement to determine whether additional immigration review or authorization may be required.

Important Compliance Reminder:

H-1B visa employment authorization is employer-specific and is based on the employment described in the approved H-1B petition and applicable LCA. H-1B scholars must not assume that an activity is permissible simply because it is related to their academic field, is unpaid, or is described as a research affiliation.

H-1B scholars must not begin outside employment or any activity that may constitute employment until the arrangement has been reviewed by the Hampton University International Office.

Hampton University is committed to supporting scholarly collaboration while ensuring that all international scholars maintain compliance with applicable U.S. immigration requirements.

Department of Labor Regulations Regarding H-1B Employment Location

8 CFR § 214.2(h)(2)(i)(B) — Service in more than one location:

If the beneficiary will perform services in more than one location, the petition must include an itinerary with the dates and locations of the services to be performed and must be filed with the service office having jurisdiction over the area where the petitioner is located. The address which the petitioner specifies as its location on the petition shall be where the petitioner is located for purposes of this paragraph. The employer must define the intended place(s) of employment with as much geographic specificity as possible. Each intended place(s) of employment listed below must be the worksite or physical location where the work will actually be performed and cannot be a P.O. Box. The employer must identify all intended places of employment, including those of short duration, on the LCA.

20 CFR 655.730(c)(5).

If the employer is submitting this form non-electronically and the work is expected to be performed in more than one location, an attachment must be submitted in order to complete this section. An employer has the option to use either a single Form ETA-9035/9035E or multiple forms to disclose all intended places of employment. If the employer has more than ten (10) intended places of employment at the time of filing this application, the employer must file as many additional LCAs as are necessary to list all intended places of employment. See the form instructions 20 CFR § 655.730(c)(5) — Multiple positions and/or places of employment: The employer shall file a separate LCA for each occupation in which the employer intends to employ one or more nonimmigrants, but the LCA may cover more than one intended position (employment opportunity) within that occupation. All intended places of employment shall be identified on the LCA; the employer may file one or more additional LCAs to identify additional places of employment.

Information

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 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
    • 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

H1-B Forms