H-1B Visas

H-1B visa holders are eligible for a total stay of six years, including time spent in H-1B status with another employer.

Employers may initially request a period of up to three years in the application for an H-1B, and then extensions up to the six-year limit.

Many foreign nationals who previously held J-1 or J-2 visa status may not be eligible for H-1B status or to pursue permanent residence in the U.S. because of a two-year home residency requirement. For more information on the two-year home residency requirement, please visit the International Studies Office website.

The six-year limit is strictly enforced, with some exceptions:

• Foreign nationals may be eligible for an extension beyond the six year H-1B maximum if they have progressed to a certain stage in the application process for permanent residency.

  Please contact Immigration Services to determine if you are eligible for this benefit.

• It is possible to reset the six-year H-1B limit after the individual has spent one year or more outside the U.S.

The employee’s department is responsible for reporting any changes to the working conditions of the H-1B employee to HR Immigration Services. If the change is judged to be substantial, it may require the filing of an amended H-1B petition with USCIS. An amended petition must be submitted to USCIS before the change goes into effect. Changes that should be reported include, but are not limited to:

• Promotion or other change in job title or rank
• Change in job duties/responsibilities
• Increase or decrease in salary or benefits
• Change in work location or hours of work

The University is not permitted to make honoraria payments to H-1B visa holders from other institutions. Individuals in the U.S. on a H-1B are only permitted to receive payments from their sponsoring institution(s). No exceptions will be made.

Spouses and unmarried children under the age of 21 are eligible for H-4 dependent status.

Generally, H-4 dependents are not authorized to work in the U.S., but may attend school full-time or part-time. They are eligible to apply for an Employment Authorization Document (EAD card) if the H-1B visa holder

• is engaged in the Legal Permanent Residency petition process, and
• has an approved I-140 or an extended H-1B status beyond six years (based on a PERM labor certification or I-140 pending for at least 365 days).

Family members living outside the U.S. when an H-1B petition is approved do not need to submit an I-539 application to USCIS to obtain H-4 status. Family members should, instead, apply for an H-4 visa stamp at the U.S. consulate abroad. Consult the relevant U.S. consulate website for specific application requirements.

Family members who live in the U.S. and want to change or extend H-4 status should complete form I-539 and submit it to HR Immigration Services along with the primary H-1B application materials.

The foreign national is generally responsible for all fees associated with the H-4 process.