The H-1B classification is a temporary, employer-sponsored immigration status for individuals employed in a specialty occupation. Utah State University qualifies as a cap-exempt institution, meaning H-1B petitions filed by the University are not subject to the annual H-1B lottery.
A specialty occupation requires the theoretical and practical application of specialized knowledge and at least a bachelor’s degree (or its equivalent) in a specific field of study. H-1B status is employer-specific, position-specific, and location-specific. You may only work in the position and at the worksite location(s) listed in your approved H-1B petition.
Eligibility Requirements
To qualify for H-1B sponsorship at Utah State University:
- You must have at least a bachelor’s degree (or higher) in a field directly related to the offered position.
- The position must require that degree as a minimum qualification.
- You must receive a formal offer of employment from Utah State University.
- You must be eligible for H-1B status under U.S. immigration law.
Individuals who previously held J-1 or J-2 status and are subject to the two-year home country residency requirement must either fulfill that requirement or obtain a Department of State approved waiver before H-1B status can be granted.
Duration of H-1B Status
- An initial H-1B petition may be approved for up to three years.
- Federal law generally limits H-1B status to a maximum of six years, including time spent in H-1B status with any employer.
- Time spent physically outside the United States during your H-1B validity period may be recaptured if properly documented.
- An H-1B can be extended beyond six years once the employee has an approved I-140 Permanent Residency petition.
Employees approaching the six-year maximum should consult Human Resources well in advance of expiration.
Portability
If you currently hold H-1B status with another employer, Utah State University must file a new H-1B petition on your behalf; however, final approval is not required before employment may begin
Employees should consult Human Resources before resigning from their current employer to ensure proper timing and compliance.
Maintaining Lawful H-1B Status
To maintain lawful status, you must:
- Work only in the approved position and location(s)
- Maintain a valid passport
- Notify Human Resources of any material changes in employment
Changes in job duties, worksite location (including remote work), salary, or FTE may require an amended petition before implementation.
H-1B Approval Notice vs. H-1B Visa
It is important to understand the difference between an H-1B approval notice and an H-1B visa. Although these terms are sometimes used interchangeably, they serve different purposes.
H-1B Approval Notice (Form I-797)
An H-1B approval notice (Form I-797) is issued by U.S. Citizenship and Immigration Services (USCIS) after an H-1B petition has been approved.
The approval notice:
- Confirms that your H-1B petition has been approved
- Authorizes your employment with Utah State University
- Specifies the validity dates of your H-1B status
If you are already inside the United States and your petition is approved as a change of status or extension of status, you may work according to the dates listed on the approval notice.
The approval notice alone does not allow you to re-enter the United States after international travel.
H-1B Visa (Visa Stamp)
An H-1B visa is issued by a U.S. embassy or consulate outside the United States. It appears as a stamp (or foil) placed in your passport.
The visa:
- Allows you to travel to a U.S. port of entry
- Allows you to request admission into the United States in H-1B status
- Is required for re-entry after international travel (unless you are visa-exempt)
A visa does not determine how long you may stay in the United States. Your authorized stay is determined by your approval notice and your I-94 admission record.
It is possible for a visa to expire while you remain lawfully in H-1B status inside the United States. However, if you travel internationally, you must obtain a valid visa before returning.
Applying for an H-1B Visa
If traveling internationally, a new visa must be obtained at a U.S. Consulate in your home country.
The general process includes:
- Completing the online Form DS-160
- Paying the required visa application fee
- Scheduling a visa appointment
- Attending a visa interview and providing required documentation
Typical documentation includes:
- Valid passport
- H-1B approval notice (Form I-797)
- Copy of the H-1B petition
- Employment verification letter
- Recent pay statements
Visa issuance is at the discretion of the U.S. Department of State. Processing times and appointment availability vary by location.
Employees should review embassy-specific instructions before scheduling travel and consult Human Resources if they have questions.
Related Topics
Questions
If you have questions regarding H-1B sponsorship, please contact Danielle Anderson or Brittani Anderson in Human Resources.
The information provided on this website is for informational purposes only and should not be considered legal advice.