H-1B OVERVIEW

The H-1B status is reserved for the temporary employment or training of foreign nationals by a specific employer in a specific job. UMDNJ's International Services (IS) is charged with filing all H-1B petitions on behalf of the University. All requests for H-1B sponsorship must be initiated by the hiring department on behalf of the foreign national. UMDNJ departments wishing to sponsor foreign nationals for employment under the H-1B status must complete the Internal application for temporary worker visa (H-1B) found on the International Services website.

CONDITIONS TO APPLY FOR H-1B STATUS

• The beneficiary must have an offer of employment from a U.S. employer. The beneficiary cannot self-petition for this category.
  
  
• The job must qualify as specialty occupation, as defined by the regulations. Federal regulations define "specialty occupation" as: "an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States".

• In cases where the position requires a license or certification, in addition to the degree, the beneficiary must obtain that license or certification in order to qualify for the H-1B status. If the beneficiary has a temporary license or certification, the H-1B status may be granted for one year or for the validity of the temporary license, whichever comes first.

STATUS LIMITATIONS

• Employers can apply for H-1B sponsorship of foreign nationals in 3 years increments for a maximum of 6 consecutive years.
   
• Time previously spent in the U.S. in H-1B status counts against the allowable 6-year maximum.
  
  
• Individuals who have reached the 6-year maximum must reside outside the U.S. for at least 12 months before they can once again apply for H-1B status.
  
  
• Beneficiaries who have been in the U.S. under the J status and who are subject to the two-year home country physical presence requirement (INA 212(e)) are ineligible for H-1B status, unless the requirement has been fulfilled or if a waiver of the requirement has been recommended in writing by the Department of State.

INSTRUCTIONS FOR HIRING DEPARTMENTS

APPLICATION PROCESS

PROCESSING TIMES

FEE REQUIREMENTS
 

EXTENSIONS

Applications for extension of the H-1B status must be filed with the US Citizenship and immigration Services (USCIS) prior to the expiration of the alien's current H1B authorization. Employers may file for extensions as early as 6 months prior to the expiration of the current H1B status. Failure to file the application for extension prior to the expiration date of the current H-1B approval constitutes a violation of the H-1B workers nonimmigrant status. H-1B workers for whom an extension has been filed with the USCIS in a timely manner may continue their employment with the same employer for a period of up to 240 days while the application is processed, provided the University has received written notification from the Service indicating that the application has been receipted.

TERMINATIONS

One condition of maintaining H1B status is for the employee to maintain a continuous employment relationship with the employer, as described in the H1B petition. If the relationship is going to be terminated, for whatever reason, before the end date of the H1B validity, the employee must notify International Services of this intent. Federal regulations require UMDNJ to notify the USCIS and the U.S. Department of Labor (DOL) within 10 days of an early termination. Upon the termination of employment, the employee must depart the U.S. or seek another immigration status.

GRACE PERIOD

There is no grace period for individuals in the H-1B status after their H-1B validity expires or after their employment terminates.