EMPLOYMENT OTHER

H-1 (Temporary Worker) Visas
 

H1-B Petition

  - Department Checklist (Stevens Employees Only)

  - Candidate Checklist (Stevens Employees Only)

  - Sample H1-B letter (Stevens Employees Only)
  - H1-B Pamphlet

H1-B Regulation

The H-1B visa, Temporary Worker in a Specialty Occupation, is used to sponsor foreign nationals in a variety of professions where the job requires a minimum of a bachelor's degree or its equivalent and where the individual meets that requirement. Before an employer can sponsor an individual in H-1B status, the employer must file a petition (I-129) accompanied by a filing fee, plus an anti-fraud fee, with the U.S. Citizenship and Immigration Services (CIS). The petition includes a Labor Condition Application certified by the U.S. Department of Labor attesting to, among other things, the payment of a prevailing wage.

Because H-1B regulations include a dual intent provision allowing an H-1B nonimmigrant to have immigrant intent, the H-1B is the visa Stevens Institute of Technology generally uses to sponsor tenured and tenure-track faculty. H-1B is generally the status Stevens Institute of Technology scholars maintain while applying for permanent residence.

Scholars who have been subject to the two-year home residence requirement on the J visa and have not fulfilled that requirement or gotten it waived may not change to H-1B status.

The H-1B visa is an employer-specific visa. That is, a scholar may work for more than one employer in H-1B status but each employer must have filed an H-1B petition with CIS. H-1B portability rules allow a scholar to work for a second employer as soon as the second employer files a case with CIS and while it is pending.
The H-1B can be used for a maximum time limit of six years. In cases where a scholar may have a Labor Certification or Immigrant Petition (I-140) pending for more than a year, H-1B status may be extended in one-year increments beyond the 6th year.
Employers may file an H-1B petition as early as six months in advance of the begin date of employment.

Procedures at Stevens

If your department requests H-1B status for you, International Student & Scholar Services will send the administrator an H-1B application. Once International Student & Scholar Services has determined via the Department of Labor that a prevailing wage is being paid, the administrator will ask you to submit various documents required for the petition, including a copy of your highest degree diploma and curriculum vitae.

Documents in a foreign language must be officially translated. If you are transferring your H-1B status from another institution, you will be required to submit copies of your latest three pay stubs so the U.S. Citizenship and Immigration Services (USCIS) can determine that you were in status at the time of applying to transfer. If you are changing from another status, you will be required to submit documents showing your current status. The department forwards all documentation for your case to International Students & Scholar Services who files the petition with USCIS.

Timeframes for processing by USCIS vary but scholars should expect approximately three months. When the case is approved, notification is sent to International Student & Scholar Services who in turn notifies you and the department. If you are outside the U.S., you will need, among other things, the original approval notice (Form I-797) in order to obtain an H-1B visa to enter the U.S.

Premium Processing

H-1B petitions may be expedited or premium processed for an additional fee of $1,000. The U.S. Citizenship and Immigration Services processes premium cases within 15 calendar days, barring delays due to security checks.

Dependents

Spouse and minor children (under the age of 21) may obtain H-4 status as dependents of a principal H-1B visa holder. H-4 dependents may not work in the U.S. under any circumstances. Dependents entering from outside the U.S. in H-4 status are not included in the I-129 petition. They apply for an H-4 visa at a U.S. embassy or consulate abroad. See the Travel section below. Dependents changing to H-4 status or extending their stay must complete Form I-539 which is forwarded with filing fee (currently $300) along with the scholar's petition (I-129) to the U.S. Citizenship and Immigration Services.

Registering with International Student & Scholar Services

All new H-1B scholars are required to register with International Student & Scholar Services upon arrival. A registration form is included with the visa documents we send you. If you are entering from outside the U.S., we request you attach a copy of your visa stamp and I-94 card.

Change of Address
It is a legal requirement of the Department of Homeland Security that should you change your local address after arriving in the U.S., you must notify them within 10 days using Form AR-11 that is available on their web site. Please notify International Scholar Services as well.

Travel
Before traveling outside the U.S., please review the following checklist. If you have any questions or concerns before you leave the U.S., please consult International Scholar Services.
Upon re-entry to the U.S., be prepared to present to an immigration inspector the following:

1. Valid passport: Be sure that your passport is valid at least six months into the future from the day re-enter the U.S.


2. A valid H-1B visa stamp: Check your visa to make sure it will be valid on your intended re-entry date. Also note the number of entries allowed on your visa.
   
3. An updated letter from your department (not older than six months) which confirms your employment and salary.
   
4. The original H-1B approval notice (Form I-797A), which shows your H-1B approval for Stevens Institute of Technology and contains your I-94 card. The I-94 card will be take from you upon departure from the U.S., unless you are traveling to Canada or Mexico, and you will receive a new one upon re-entry.
   
5. A copy of the H-1B petition (Form I-129) Stevens filed for you. Please request the copy of Form I-129 from International Student & Scholar Services.