Center for International Studies - Invest in global education.

• Welcome
• F-1 Students
• J-1 Students
• J-1 Visiting Scholars
• Scholarships/Financial Info

Living in the USA

• Cultural Sharing Programs
• Government Resources
• Health Information
• Income Taxes
• St. Cloud Area Resources

H-1B

H-1B is type of visa issued to non-immigrants which permits temporary employment in the United States.

 

Who is eligible for an H-1B visa?

An employer can apply (petition) for an H-1B visa on behalf of a student if:

• The student has the minimum of a bachelor’s degree.
• The employer is registered with the E-Verify employment verification system.
  • Information can be found at: http://www.uscis.gov/E-Verify
• The student will perform services in a specialty occupation that requires theoretical and practical application of a body of highly specialized knowledge.

 

Who is NOT eligible for an H-1B visa?

An employer CANNOT apply (petition) for an H-1B visa on behalf of a student if:

• The yearly cap on H-1B visas has been met.
  • Information can be found at: http://www.uscis.gov/h-1b_count
• The student is subject to 212(e) 2-year home residence requirement (J-1 visa holders). 
  • Information can be found at: http://travel.state.gov/visa/temp/info/info_1296.html

 

Application (Petition) Procedures

To apply for an H-1B visa, the student‘s employer must complete the following procedures:

• Complete and submit Form ETA 9035 Labor Condition Application with the Department of Labor
  • Information can be found at: http://www.foreignlaborcert.doleta.gov/h-1b.cfm
• Complete and submit Form I-129
  • Information can be found at: www.uscis.gov/I-129

 

Important Points to Remember

• Employment is limited to the specific employer that petitioned for the student’s H-1B visa, but it is possible to have multiple concurrent H-1B petitioners.
• An employer can file an H-1B petition 6 months before the requested employment start date.
• The earliest an employer may file the petition is on/after the new fiscal year (April 1).
• The earliest an employer may request a start date is on/after October 1.
• The initial period of employment authorization is for up to 3 years with extensions in up to 3 year increments thereafter with a 6 year maximum.
• H-1B visa holders may take classes as long as they are incidental (non-degree seeking) to their employment.

 

**The Center for International Studies does not advise on H-1B visa petition procedures.  Students should seek professional legal advice for more information.**