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UMDNJ  
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Office of International Services

H-1B1 OVERVIEW

The H-1 category is reserved for the temporary employment or training of foreign nationals by a specific employer. The H-1B job must qualify as a “specialty occupation”. This means that the position must required at least a Bachelor’s degree in a specific field of endeavor as a minimum for entry into the occupation. The Office of International Services at UMDNJ handles H-1B petitions for individuals being hired into Research Associate, Research Teaching Specialist and Faculty positions. UMDNJ departments wishing to sponsor foreign nationals for employment in the U.S. under the H-1B category must complete the OIS internal application form.

Conditions to apply for H-1B status:

  • The beneficiary must have an offer of employment from a U.S. employer. The beneficiary cannot self-petition for this category.
  • The job must qualify as specialty occupation, as defined by the regulations.
  • The employer is responsible for transportation abroad if the beneficiary is dismissed from employment prior to the authorized period of employment.
  • In cases where the position requires a license or certification, in addition to the degree, the beneficiary must obtain that license or certification in order to qualify for the H-1 status. If the beneficiary has a temporary license or certification, the H-1 status may be granted for one year or for the validity of the temporary license, whichever comes first.

 Limitations:

  • Employers can apply for H-1B sponsorship of foreign nationals in 3 years increments for a maximum of 6 consecutive years. 
  • Time spent in the U.S. in any H or L status counts against the allowable 6-year maximum.
  • Individuals who have reached the 6-year maximum must reside outside the U.S. for at least 12 months before they can once again apply for H-1 status.
  • Beneficiaries who have been in the U.S. under the J status and who are subject to the two-year home country physical presence requirement (INA 212(e)) are ineligible for H-1 status, unless the requirement has been fulfilled or if a waiver of the requirement has been recommended in writing by the Department of State.
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