{"id":1680,"date":"2024-08-17T15:42:22","date_gmt":"2024-08-17T19:42:22","guid":{"rendered":"https:\/\/home.hamptonu.edu\/international\/?page_id=1680"},"modified":"2025-02-27T09:12:32","modified_gmt":"2025-02-27T14:12:32","slug":"h1b-eb2-faculty-staff","status":"publish","type":"page","link":"https:\/\/home.hamptonu.edu\/international\/h1b-eb2-faculty-staff\/","title":{"rendered":"H-1B & EB-2 Faculty & Staff"},"content":{"rendered":"\t\t
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H-1B & EB-2 Faculty & Staff - Inbound \u2193<\/div><\/div><\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/header>\n\t\t\t\t
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H-1B Visa\u00a0<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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 \u201ctheoretical 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.\u201d\u00a0Further, the U.S. Citizenship and Immigration Services (USCIS), the federal H-1B petition adjudication authority, adds that \u201cthe ‘degree’ means not just any degree, but one in a specific specialty that is directly related to the\u00a0offered\u00a0position.\u201d<\/div>
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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\u00a0application.\u00a0\u00a0

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.\u00a0<\/span><\/div>
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\u00a0presented\u00a0appointment\/position.<\/div>
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Initiating the Process
<\/strong>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.’<\/p><\/div>

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Maximum\u00a0Duration<\/strong><\/div>

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.<\/p>


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

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.<\/p>

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.<\/p>

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.<\/p>

USCIS Review: USCIS reviews the petition and, if approved, issues an approval notice (Form I-797) Approval Notice.<\/p><\/div><\/div>

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Information<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Responsibility of Hiring Department & HR<\/span><\/p>