General Information

The H1-B nonimmigrant status is for an international worker who will perform services in a specialty occupation. A specialty occupation is one that requires a specialized body of knowledge and usually requires at least a bachelor's degree to enter the profession. If you now hold the H-1B status, you need to be aware of the regulations pertaining to your nonimmigrant status.

Maintenance of Status

All H1-B workers must maintain H-1B status by engaging only in those activities identified on the H-1B petition, filing appropriate extensions, maintaining a valid passport, and refraining from unauthorized employment. Because a valid passport is required at all times, it is your responsibility to renew or replace your passport in a timely fashion and to provide evidence of the renewal or replacement to International Student and Scholar Services. Please consult with your immigration advisor if you have questions regarding this matter.

Definitions of Terms

• Form I-94. Record of Arrival and Departure. This is your permit that allows you to remain in the United States until the date indicated. The date of expiration is the date that follows the phrase "valid until." The form is evidence of your authorization to accept employment in the U.S. for a specific employer and must be stapled into your passport for the duration of your program. Because the 1-94 has an expiration date, it must be renewed if you are to extend your stay. To avoid an interruption in your employment, an extension of your H-1B status should be filed 120 days prior to the expiration date. Please make a note to check this document periodically to avoid any problems.
• Form I-797A. Notice of Action. This is the Notice of Approval for the granting of the H-1B status and the change of status to H-1B from another nonimmigrant class, or the extension of stay of H-1B. A copy was provided to you by your immigration advisor, but the original needs to be maintained with the International Office. Should you require an original, please see your immigration advisor for details. Allow 90 days to process a duplicate approval notice.
• Form I-129. H-1B Petition. The Form I-129 is a copy of the actual petition which was submitted to U.S. Citizenship and Immigration Services (USCIS) on your behalf requesting the H-1B visa status.
• ETA-9035. Labor Conditions Application. The ETA-9035, Labor Conditions Application (LCA), was filed with the Department of Labor and outlines the conditions of your employment. The University is required by law to follow those conditions. Should any of those conditions change, it may be necessary to file a new LCA and an amended H 1B petition with USCIS.

Visas

• Links to U.S. Embassies and Consulates Worldwide
• How to Apply for a Visa at a Border Post (Third Country Nationals)

Visa Renewal: If you have an H1-B visa stamp and it has expired, you must apply for a revalidated visa stamp in person at a U.S. Embassy or Consulate abroad (see information above).

Extension of Stay

The length of time an individual may remain in the U.S. in H-1B status is indicated on your approval Form I-797A and 1-94. If you need to stay longer than the date indicated, you will need to request an extension of stay. Your department must initiate the H-1B extension by contacting International Student and Scholar Services at least 120 days before expiration of your current H-1B. You will need to provide supporting documentation and filing fees for your 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

The H1-B is specific to the employer and terms of employment. If you plan to change your employer or terms of employment from that indicated on your Form I-797A and ETA-9035(LCA), you must process a new or amended petition for H 1 B status. Please contact your immigration advisor regarding any changes. Failure to process a new or amended petition could result in an interruption of your employment.