International Center

H-1B scholars: faculty and staff

The H-1B nonimmigrant status is for an international worker who will perform services in a speciality occupation that requires "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States."

Mainting visa status

All H-1B workers must maintain H-1B status by following these guidelines:

• Engage only in the activities identified on the H-1B petition.
• File appropriate extensions.
• Refrain from unauthorized employment.
• Maintain a valid passport.

Because a valid passport is required at all times, it is the scholar's responsibility to renew or replace a passport in a timely fashion and to provide evidence of the renewal or replacement to the MU International Center.

Definitions of terms

• Form I-94. Record of arrival and departure. It shows the date you arrived in the United States and the “Admitted Until” date, the date when your authorized period of stay expires, and class of admission. Every time you leave and re-enter the US you will be given a new I-94. It must stay stapled inside your passport.
• Form I-797A. Notice of action. This is the notice of approval granting H-1B status. A copy is provided to the scholar, while the original must be maintained in the International Center. 
• Form I-129. A DHS/USCIS form required for submitting an H-1B petition. This, along with other supporting documentation, makes up the petition submitted to USCIS for adjudication. It contains both the employer's petition and a request for action to be taken on the alien beneficiary's status.
• ETA-9035. Labor conditions application. The ETA-9035, Labor Conditions Application (LCA), filed with the Department of Labor (DOL), outlines the conditions of employment. The university and scholar are required by law to follow those conditions. Any changes in employment that are not reflected in the LCA require a new LCA and petition to be filed.

Traveling and visa stamps

Any scholar who will be traveling internationally with an expired visa stamp must apply for a revalidated visa stamp in person at a U.S. embassy and consulate abroad to be able to re-enter the U.S. The visa stamp process can be very lengthy. Plan ahead by making a visa appointment and allowing enough time for security clearance.

Extension of stay

The length of time an individual may remain in the U.S. in H-1B status is indicated on the approval Form I-797A and your I-94. The hosting department should request an extension of stay at least 120 days before expiration of the current H-1B. The department must contact the H-1B adviser and provide the supporting documentation and filing fees for the petition to USCIS. The maximum length of stay for an H-1B worker, including extensions, is six years.

Change of employer or change of terms

H-1B status is specific to the employer and terms of employment. Any changes made to the terms of employment indicated on the Form I-129 and ETA-9035 (LCA) requires the employer to process a new or amended petition for H-1B status. Failure to process a new or amended petition could result in an interruption of employment.

H-1B Process Departmental Guide

The H‐1B Guide: Departmental Process with Immigration Tracker is designed to help departments through every step of the H-1B process by answering the frequently asked questions. However, if questions still arise please contact the H-1B adviser.

Inviting family or friends to visit

If an H-1B scholar would like to invite a family member or friend to visit, the department may submit a letter (sample) verifying his/her status at the university.