H1-B Temporary Workers
An H-1B allows you to come to the United States to work for up to 6 years in a "specialty occupation" for a designated employer. A "specialty occupation" is defined as an occupation which requires at least a bachelor's degree in a specific field. Persons subject to the 212(e) two-year residence requirement are not eligible for a H-1B until the two-year requirement is met or a wavier of the requirement is obtained.
Concurrent Employment
It is possible to have multiple or concurrent employers. However, each employer is required to have an approved H-1B petition for you.
Top of this PagePortability Provisions
You may begin employment with a new employer upon the filing of the H-1B petition without having to wait for approval of the petition. In order to be eligible for the portability provisions you must meet the following requirements:
- Be in H-1B status
- Be in lawful nonimmigrant status
- Have only engaged in authorized employment
- Your new employer must have submitted a non-frivolous petition before the expiration of your current authorized stay
H-1B Cap
H-1B visas are limited to 65,000 per fiscal year (Oct. 1st-Sept 30th). There are also an additional 20,000 H-1B visas available per fiscal year for those who have earned a master's or higher degree from a U.S. institution of higher education. Some employers are exempt from the cap (e.g., institutions of higher education, etc.) OHSU is exempt from the H-1B cap as an institution of higher education.
Applying for a Visa
You should apply for a H-1B visa at the U.S. consulate or embassy with jurisdiction over your place of residence. You must include the following documents with your application for a H-1B visa:
- H-1B petition approval notice- or Form I-797B
- A complete copy of the H-1B petition and supporting documents- filed with the U.S. Department of Homeland Security (DHS)
- A valid passport
- Form DS-156 (Nonimmigrant Visa Application)-This form is available on the Department of State's web-site at http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Form DS-157 (Supplemental Nonimmigrant Visa Application) if applicable- This form is also available on the Department of State's web-site listed above.
- Photograph
- Machine Readable Visa (MRV) surcharge fee
- Visa Reciprocity Fee (if applicable)- A listing of visa reciprocity fees is available on the Department of State's web-site at http://travel.state.gov/visa/frvi/fees/fees_1341.html
The web site http://usembassy.state.gov/ will provide you with information on applying for a visa at U.S. consulates located around the world. You will want to be familiar with the rules and procedures of issuing visas before you apply for yours. Since visa procedures vary depending on what consulate you go to it is recommended that you check the above web site for the procedures at the U.S. consulate you plan on going to.
Entering the United States in H-1B Status
When you arrive at the U.S. port of entry you must present the documents listed below to the immigration official:
- A valid passport (unless you are exempt from the passport requirement)
- A valid H-1B visa (unless you are exempt from the visa requirement, i.e. Canadian citizens)
- Form I-797B- H-1B approval notice
- A full copy of the H-1B petition submitted to DHS - you are not required to submit this to the immigration official at the time of entry but it is recommended that you carry it with you just in case the officer wants to look at it.
- Form I-94
The immigration official will return the Form I-94 and it should be marked H-1B (H-4 for dependents) and have a period of validity which is the same as the expiration date on your H-1B approval notice (Form I-797B).
Travel
U.S. law requires that you carry your immigration paperwork on you at all times. It is highly recommended that you carry the following documents with you when you travel domestically or internationally:
- A copy of your H-1B approval notice(I-797B) or the original if you are traveling internationally. You can borrow the I-797B for travel by contacting the Office of International Services.
- A full copy of the H-1B petition submitted to DHS
- A valid passport
- A valid visa (if reentering from abroad, unless traveling to Canada or Mexico for less than 30 days)
- A letter from the Office of International Services verifying your current status.
- Your Form I-94(if reentering the United States from a trip
abroad you will receive a new I-94, unless you are reentering from
Canada or Mexico after a trip of less than 30 days)
*Trips to Canada and Mexico -- You may reenter the United States without a valid visa after a trip of less than 30 days to Canada or Mexico. In order to take advantage of this provision you must be maintaining valid H-1B status, have a valid passport (unless exempt from passport requirements), have a current H-1B approval notice (I-797B), and have a valid I-94.
*Please be aware that if you travel to Canada or Mexico to apply for a new visa you will not be able to reenter the U.S. under the revalidation provisions stated above if your visa application is denied by the consulate for any reason.
*Citizens or nationals of Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba are also not eligible for the revalidation provisions and must have a valid visa to reenter the U.S. after a trip to Canada or Mexico.
*Anyone who has been an overstay under INA 222(g) is also not eligible for the revalidation provisions and must obtain a new visa in his/her home country to reenter the U.S.
New Airport Transit Visa Requirements for Countries in the
European Union
France, Austria, Belgium, Denmark, Finland, France, Germany,
Greece, Iceland, Italy, Luxembourg, Netherlands, Norway, Portugal,
Spain and Sweden are now requiring that nationals from several
countries including India obtain "airport transit visas"
for connecting flights. If you are from one of the designated
countries you are required to obtain the "airport transit
visa" even if you will not be leaving the airport. There
are exceptions for nationals from these countries who are US Permanent
Residents. You can obtain more information about the airport transit
visa requirements on the French embassy's web site under airport transit visas at http://www.consulfrance-washington.org/article.php3?id_article=383
Please check with the embassies of the countries you will be landing
in before you leave the U.S. to determine whether or not you will
need an airport transit visa. The following web site has a list
of web site links for embassies around the world. http://www.embassyworld.com/
Dependents
Spouses or unmarried children(under
21 years of age) may accompany you to the United States or join you
at a later date in the United States. Dependent family members will
be given H-4 status. Nonimmigrants in H-4 status are NOT allowed to
work in the United States. However, they may attend school either part-time
or full-time. A dependent of a H-1B will need the following documents
to apply for a H-4 visa:
- Your H-1B petition approval notice- or Form I-797B
- A complete copy of your H-1B petition and supporting documents- filed with DHS
- Copies of your immigration documents (if currently in US)- visa, passport biography and extension pages and both sides of your I-94
- A letter from the Office of International Services verifying your status
- Evidence of financial support to meet expenses
- Marriage certificate or birth certificate
- A valid passport
- Form DS-156 (Nonimmigrant Visa Application)-This form is available on the Department of State's web-site at http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Form DS-157 (Supplemental Nonimmigrant Visa Application) if applicable- This form is also available on the Department of State's web-site listed above.
- Photograph
- Machine Readable Visa (MRV) surcharge fee
- Visa Reciprocity Fee (if applicable)- A listing of visa
reciprocity fees is available on the Department of State's web-site
at http://travel.state.gov/visa/frvi/fees/fees_1341.html
The web-site http://usembassy.state.gov/ will provide you with information on applying for a H-4 visa at U.S. consulates located around the world. You will want to be familiar with the rules and procedures of issuing visas before your dependents apply for visas. Since visa procedures vary depending on what consulate you go to it is recommended that you check the above web-site for the procedures at the U.S. embassy your dependents plan on applying for visas at.
Forms
You can obtain the forms mentioned below from the Office of International Services or you can download them in PDF format by clicking on the desired form below. Download Adobe Acrobat Reader for Free.