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 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.
- 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.