The Institution must provide documentation to prove that the position requires a person with special qualifications and that the foreign national meets those qualifications. The Institution must pay the foreign national the amounts as described under the Labor Condition Application. The H-1 B visa is employer specific, which means that when the Institution submits an H-1 B petition for a foreign national and The U.S. Citizenship and Immigration Services (USCIS) approves it, the foreign national can only work in that Institution position. Additionally, an H-1B worker who has an H-1B approval from another employer is not automatically eligible to work at the Institution. An H-1B worker may work for more than one employer, but each employer must file a separate H-1B visa petition. The alien may not begin employment as an H-1B until the approval notice is received from the USCIS.
An H-1B visa holder may remain in H status for a maximum of six years. An initial application is made for a period of three years or less. Previous time spent in H or L status is counted toward the six-year limit unless the alien has spent at least one year outside of the United States. H-1B visa regulations have a "dual intent" provision, which allows for the filing or the intent to file a permanent resident petition while maintaining H-1B status.
It is the policy of the Woods Hole Oceanographic Institution to generally sponsor H-1B visa petitions on behalf of its Scientific and Technical Staff. A minimum of three to four months' lead time should be allowed to complete the application process.
H-1 B Procedures
Dependent H-4 General Information
The dependents of an H-1B visa holder, defined as spouses and unmarried minor children under 21 years of age, enter the U.S. in H-4 visa status. The dependent of an H-1B holder cannot be granted work authorization under any circumstances. However, they may seek independent visa sponsorship to allow for employment in professional positions.
H-4 visa holders may study in the U.S., full or part-time for the duration of the H-1 B's period of stay.