H-1B status may be granted initially for a maximum of 3 years. Extensions may be granted after that for up to a maximum of 6 years. This includes H-1B employment with all employers in the U.S. as well as time spent in L-1 status. In certain circumstances this period can be extended for H-1B visa holders who are in the process of becoming a permanent resident based on employment. After 6 years in this classification an individual must be physically outside the U.S. for at least one year before resuming eligibility for the H-1B visa.
The H-1B visa holder is lawfully allowed to have "dual intent" which means the individual may be employed in a temporary position while at the same time working toward permanent residency.
The employee may not begin work until the U.S. Citizenship and Immigration Services (USCIS) has issued an approval notice granting the H-1B classification as well as valid starting and ending dates. The "portability privilege" may apply if the employee already holds the H-1B classification from another employer in the U.S. Portability allows the individual to begin work upon receiving notice that the petition has been received by USCIS rather than waiting for official approval of the petition, assuming the individual is not currently out of status for other reasons.
You must allow sufficient time for the application process. The process can take up to 6 months. Please see http://www.k-state.edu/intlstucenter/faculty/h1bprocess.htm for more information on the process.
The H-1B visa holder may be employed only by the employer whose petition has been filed on behalf of the individual and only in the position and salary described therein. In other words, it is both employer specific and position specific. The position may be part-time, as long as the individual does not exceed the hours and salary specified. If the beneficiary is working on a part-time basis, the department must keep track of the total number of hours actually worked each week.
H-1B visa holders may not receive wages, salaries or gratuities for giving speeches or lectures at universities other than where employed. However, the individual may be provided with transportation and reasonable, incidental living expenses.
If an employee wishes to depart from and return to the U.S. to resume the same employment within the period for which the petition is valid, the individual must have the original Form I-797 (not a copy). It is prudent for the H-1B alien to have a letter of current date confirming that he or she is employed in the same position as described in the H petition and needs to reenter the U.S. to continue that employment.
An individual may travel to Canada or Mexico for a visit of not more than 30 days without difficultly as long as s/he has a valid Form I-94, and is returning to resume the H status.
Spouses and dependent minor children are given the H-4 visa classification. In this classification they are not eligible to work in the U.S. under any circumstances. They may attend school. Spouses and dependent children may be eligible for other visa classifications in their own right, such as student (F-1), temporary worker (H-1B), or exchange visitor (J-1).
You can contact Maria Beebe at 532-6448 or email pappy@ksu.edu for further information.
The position offered must qualify as a "specialty occupation" which is an "occupation that requires (A) the theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor's degree or higher in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States ." INA 214 (I); 8USC 1184(I).
Keep in mind that the position must be one for which a baccalaureate or an advanced degree in the field is a usual, industry-wide accepted, entry-level requirement. If it is not universally accepted in the industry that a bachelor's degree is required, then it must be shown that the duties are so complex or unique that a degree is required, or that the employer only hires degreed people for that type of position.
To be eligible for the H-1B status, a nonimmigrant must demonstrate that he/she is qualified for the position.