Information for WHOI Sponsors

H-1B

General Information

The H-1B visa is used to employ temporary workers in "specialty occupations", which implies the establishment of an employer-employee relationship between the Institution and the foreign national.

The H-1B visa is approved by the USCIS for a specific position with a particular employer and approval is not transferable elsewhere. The employer must pay the foreign national the amounts described under the Labor Condition Application for their authorized period of stay, even if the employee is placed in a "non-productive status" (i.e. lack of assigned work or any other work-related reason). The employer is not obligated to pay the required wage for "non-productive status" due to conditions unrelated to employment (voluntary leave, etc.). The employer is responsible for return cost of transportation to the alien's last place of residence if the alien is terminated before the petition period ends.

The Institution may petition for an employee for an appointment of up to three years, with an extension to a total maximum of six years. The alien may not begin employment as an H-1B until the approval notice is received from USCIS. It is permissible to continue working in one's prior status while the H-1B application is pending, as long as the prior status remains valid. A second employer who wishes to employ the alien simultaneously may file a separate H-1B petition. However, the maximum amount of time that an alien can remain in H-1B status, regardless of how many different jobs they may have, remains six years. Persons who already hold H-1B status may start work for a new employer after receiving a receipt from the USCIS for filing the H-1B petition. 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.