International Employee & Scholar Counsel and Support

Description of H-1B Status

The H-1B legal status is a vehicle that allows U.S. employers to hire qualifying foreign nationals temporarily in certain types of employment positions. The employer is responsible for petitioning the U.S. Citizenship and Immigration Services (USCIS) to obtain permission to hire a particular foreign employee for a particular position. An employee cannot obtain H-1B status on his or her own.

The H-1B status is employer-specific and job-specific. H-1B duration is a maximum of 6 years (granted in increments of up to 3 years.)

Qualifying Criteria

Any petition for H-1B status must meet minimum criteria:

• The position must require theoretical and practical application of a body of highly specialized knowledge and require a minimum of a Bachelor's degree in the specific specialty as a minimum for entry into the occupation in the United States.
• The employee must have received the required degree before the petition is submitted. The employee must have a diploma or other certification from the institution that all degree requirements have been met.
• The wage for the position must meet the requirements of the USCIS and U.S. Department of Labor (USDOL) regulations. International Programs will facilitate this process, but should not be viewed as setting the wage.

Additional Links

• International Employee & Scholar Counsel and Support Home Page

Questions regarding H-1B
Contact Linda Harris, International Employee and Scholar Advisor, International Programs