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H-1B
Long-term Employment in the United States
What Is It?
- Employer-sponsored visa that permits temporary employment in "specialty occupations."
- A limited number of H-1B applications are granted every year.
- Exceptions to the quota are granted to some nonprofit, research, and educational institutions.
Duration of Employment
- H-1B status is initially granted for a duration of up to three years but can be extended/renewed up to a total of six years.
Processing Time
- Total processing time (including preparation and application) may take three to six months; renewals, extensions, and change of employer may be shorter.
- For most private employers, H-1B applications should be submitted on April 1 for cap subject applications.
- Approved applications are effective October 1.
- Exceptions to the timeline may be granted to some nonprofit, research, and educational institutions.
Student's Role
- Student may be eligible for a "Cap-Gap" Extension of OPT (Optional Practical Training) while the H-1B petition is pending or waiting for the effective date.
- Student should consult with ISS for instructions and eligibility.
Proof of Authorization
- Employer will receive official approval letter from USCIS listing the effective date.
- Students eligible for the "Cap Gap" Extension will be issued a new I-20 by ISS upon request.
Employer's Role
- Provide student with an offer of employment.
- Request a copy of Certificate of Eligibility from the student for I-9 purposes.
- The employer, with a qualified immigration attorney, is responsible for preparing and filing the petition.
- Costs will include attorney and USCIS application fees.
- The employer is responsible for filing a timely petition.
