H1-B

What Is It?

• Employer-sponsored visa that permits temporary long-term employment in the United States 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 International Student and Scholar Success Office 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.