The H-1B status is reserved for the temporary employment or training of foreign nationals by a specific employer in a specific job. RBHS International Services (IS) is charged with filing all H-1B petitions on behalf of the university. All requests for H-1B sponsorship must be initiated by the hiring department on behalf of the foreign national. RBHS departments wishing to sponsor foreign nationals for employment under the H-1B status must complete the Internal application for temporary worker visa (H-1B) found on the International Services website.
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. Federal regulations define "specialty occupation" as: "an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States".
- 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-1B status. If the beneficiary has a temporary license or certification, the H-1B 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 year increments for a maximum of 6 consecutive years.
- Time previously spent
in the U.S. in H-1B status counts against the allowable 6-year
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-1B
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-1B status, unless the requirement has been
fulfilled or if a waiver of the requirement has
been recommended in writing by the Department of
INSTRUCTIONS FOR HIRING DEPARTMENTS
for extension of the H-1B status must be filed with
the US Citizenship and immigration Services (USCIS)
prior to the expiration of the alien's current H1B
authorization. Employers may file for extensions
as early as 6 months prior to the expiration of the current
H1B status. Failure to file the application for extension
prior to the expiration date of the current H-1B approval
constitutes a violation of the H-1B workers nonimmigrant
status. H-1B workers for whom an extension has been
filed with the USCIS in a timely manner may continue
their employment with the same employer for a period
of up to 240 days while the application is processed,
provided the university has received written notification
from the Service indicating that the application has
condition of maintaining H1B status is for the employee
to maintain a continuous employment relationship with
the employer, as described in the H1B petition. If
the relationship is going to be terminated, for whatever
reason, before the end date of the H1B validity, the
employee must notify International Services of this
intent. Federal regulations require RBHS to notify
the USCIS and the U.S. Department of Labor (DOL) within
10 days of an early termination. Upon the termination
of employment, the employee must depart the U.S.
or seek another
is no grace period for individuals in the H-1B status
after their H-1B validity expires or after their employment