H-1B

The H-1B Temporary Worker (nonimmigrant) classification is designated by the U.S. Citizenship and Immigration Services (USCIS, formerly the U.S. Immigration and Naturalization Service, or ‘INS”) for non-U.S. workers in specialty occupations, defined as those positions requiring:

1. A theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation in such fields of human endeavor as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts; AND
2. A bachelor's or higher degree in a specific specialty as a minimum for entry into the occupation in the United States.

This means that the individual must possess a minimum of a bachelor’s degree in the required field for the position. ALSO, the position itself must require a bachelor’s degree in the specific field(s) of study relevant to the duties to be performed, AND the required degree must be one which is a standard requirement for the position being offered.

Individuals who are outside the United States will be notified by mail once their petition for H-1B status has been approved. International Affairs will send the original approval notice (Form I-797) to the scholar at the foreign address the scholar provided.

Applications for H-1B temporary worker visas require the following:

• Copy of the H-1B petition sent to you by the Office of International Affairs
• Valid unexpired passport (valid for at least six months into the future)
• Original Form I-797 Notice of Approval
• Form DS-156 (all non-immigrant applicants)
• Form DS-157 (all male applicants 16 to 45 must also submit this form) -
• Visa fee
• Passport-size photograph

To verify consular procedures, paperwork, and fees in advance, visit the web site for the consulate at which you will be applying for the visa.

Since consulates often require an appointment, you may need to schedule one several weeks in advance. Visa processing times vary from days to weeks or even months, depending on the extensiveness of any security check required. Family members accompanying you to the United States should apply for H-4 dependent visas. Proof of relationship to you will be required. Only spouses and children under 21 years of age are eligible for H-4 visas.

For more information on obtaining a visa, please visit:

• Destination USA - How to get a visa
• Department of State - Visas

Length of Status

The maximum time permitted in H-1B status is six years. A maximum of three years may be requested at one time.

Dependents

A spouse or child of an employee holding H-1B status may obtain H-4 (dependent) status. Those holding H-4 status may not work, but are permitted to study. Dependent children may hold H-4 status until age 21.

Processing H-1Bs

A petition for H-1B classification for an Ohio State employee is filed with USCIS by an Ohio State department through the Office of International Affairs. It often takes four to six months to obtain approval of an H-1B petition unless the university department chooses to pay an additional $1,000 to USCIS for premium processing.

Changing From One H-1B Position to Another

H-1B approvals are specific as to employer, position and location, and are not transferable from one position to another. However, if an employee for whom an H-1B is being filed currently holds H-1B status, under USCIS portability regulations, the employee can work in the new position as soon as the employer receives a receipt notice from USCIS for the new H-1B petition.

Maintaining Status

Employees holding H-1B status must maintain employment as described in the H-1B petition. Termination of employment ends H-1B status. There is no grace period for H-1B status holders. Any change in the terms of employment (reduction in salary, change in title or hours, new employer, etc.) requires the filing of a new H-1B petition.

Travel

H-1B employees who travel must borrow from Ohio State (either from the employing department or the Office of International Affairs) the original H-1B approval notice. The employee should present to a U.S. consulate (if a new visa stamp is needed in the passport) and to the officer at the port of entry, the original H-1B approval notice, a copy of the H-1B petition, a passport valid for at least six months into the future, and a letter from the employing department indicating that the person is still employed at Ohio State according to the terms of the H-1B petition. TRAVEL WHILE AN H-1B PETITION IS PENDING AT USCIS MAY NEGATIVELY AFFECT THE PROCESSING OF THE PETITION.

When leaving the United States, if your U.S. visa has expired, you may need a transit visa to pass through countries where your plane will land on the way to your destination. If you do not have a transit visa, and it is required, you will not be allowed to board the plane and leave the United States.

Every person subject to special registration procedures upon entering the United States is also subject to "departure registration." Special registrants must (1) depart only from specifically designated ports and (2) comply with special departure processing, which involves an appearance before Customs and Border Protection (CBP) officer. Turning in the I-94 or being processed by airline personnel does NOT satisfy this requirement. For more information, please review the following:

• Special Registration - NSEERS
• Ports of Departure
• Walkaway Materials
  
  

Address Reporting Requirement

USCIS requires all H-1B status holders to notify them of any address change by submitting Form AR-11.

Information for special registrants.

H-1B Extensions

The Ohio State University employing department should file H-1B extension paperwork with OIA SIX MONTHS prior to the expiration of the current period of H-1B status.

Immigration Documents

Passport: must be valid for six months into the future.

Form I-797: H-1B approval notice (Notice of Action.) This document indicates the H-1B employer and dates of approved H-1B status.

I-94: This small white arrival/departure card shows that the status held is H-1B and indicates the current end date of the H-1B status. (The H-1B approval or extension notice will include a new I-94).

Departure Reporting Requirement

All employees holding H-1B status must notify the Office of International Affairs when their employment at Ohio State ends. To do so, please complete an H-1B Departure Form, obtain the appropriate human resource representative's signature, and schedule an H-1B Appointment to return the form to International Affairs.