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Alert:
new part-time H-1B requirement
Download the appropriate form:
Steps for sponsoring new
H-1B temporary workers [PDF]
Steps for extending an
H-1B Visa [PDF]
What does it mean to hold an H-1B visa?
The H-1B is a temporary visa for someone sponsored by a U.S.
employer as an employee in a specialty occupation. The H-1B
is job specific and employer specific. An H-1B hired to work
as a Post-Doctoral Fellow at UVA cannot be employed as a Post
Doctoral Fellow at VCU and vice versa. An H-1B hired to work
as a Post Doctoral Fellow at VCU cannot be employed as an
Assistant Professor at VCU.
The H-1B is issued initially for three years or less. The employer
determines the specific length of time based on the need for
the employee's services and the funding available for the
position. An individual may hold this visa classification
for a maximum of 6 years. Contrary to popular belief, the
H-1B is not a step toward obtaining lawful permanent residence
(also called immigrant status or a "green card"),
but it is a temporary nonimmigrant visa just as the TN and
the F-1.
Unlike the TN and the F-1 visa classifications, however,
the H-1B does permit dual intent. This means that an immigrant
petition approval does not prevent one from being eligible
for an H-1B visa. An intending immigrant is eligible for an
H-1B visa stamp from a U.S. consulate or embassy abroad and
for H-1B immigration status from the US Citizenship &
Immigration Services (USCIS) once inside in the U.S. (Note:
Many visa classifications such as the F-1, J-1 and TN do not
permit dual intent. They require evidence of intention to
return to the home country.)
How does one obtain an H-1B status?
In order to obtain an H-1B visa, you must have an employer
who will sponsor you for the status and file an H petition
with the USCIS . The official job description must require
and the employee must hold at least a baccalaureate degree.
The salary must meet the higher of the actual wage at the
company or the prevailing wage in the area for the position,
as determined by the State Employment Services Administration.
There are special requirements for obtaining an H-1B for clinical
work. The H petition can be filed only for the length of time
that there is guaranteed funding for the position.
What is the procedure and how long does it take to
obtain an H-1B?
If you would like to obtain an H-1B visa for work at VCU,
discuss the matter with your faculty supervisor. If your supervisor
is willing to sponsor you for the visa please, ask your faculty
supervisor to complete the H-1B petition paperwork at the
Office of International Education- Immigration Services website.
Once we receive the appropriate paperwork from the department,
we must first obtain a certified Labor Condition Application
from the Department of Labor. After we have Labor Condition
Application certification and before we can file the H petition
with the USCIS, we must be able to prove the employee qualifies
for the job in the petition. This often requires an equivalency
determination to be made on the employee's degree if it is
not a U.S. degree. In a case where the job requires licensure
or certification we must show proof that the employee holds
the proper license or certificate.
The process for obtaining an H-1B for someone outside the
U.S. takes approximately 5 months from the time proper paperwork
is received in the Office of International Education- Immigration
Services. An additional month is required for the Embassy
to conduct a background check. If someone is already in the
U.S. in another visa classification and needs to change his/her
status to H-1B, processing time is approximately 5 to 6 months
from the time the proper documentation has been received in
the Office of International Education- Immigration Services.
These are estimates and actual processing time will be determined
by the Department of Labor, USCIS, and the consular post abroad.
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