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H-1B1
OVERVIEW
The
H-1B category is reserved for the temporary employment
or training of foreign nationals by a specific employer
in a specific job. The H-1B job must qualify as a
"specialty occupation". This means that
the position must required at least a Bachelor's degree
in a specific field of endeavor as a minimum for entry
into the occupation. 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 in the
U.S. under the H-1B category must complete the IS
internal application form.
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".
- The
employer is responsible for reasonable costs of
return transportation to the alien's last place
of foreign residence, if the beneficiary is dismissed
from the position prior to the expiration of the
authorized period of employment.
- 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.
PROCEDURES
AT UMDNJ
UMDNJ
departments wishing to sponsor a foreign national
for the H-1B status must complete and submit to International
Services the "Internal Application for Temporary
Worker Visa". The application must be accompanied
by the required documentation listed on page 2 of
the application. Documents
in a foreign language must be officially translated.
Required documents include, but are not limited to,
photocopies of the applicant's passport, photocopy
of the highest obtained degree, and photocopy of updated
C.V. If the applicant is transferring the H-1B status
from another institution, they will be required to
submit copies of their latest three pay stubs so the
U.S. Citizenship and Immigration Services (USCIS)
can determine that they were in status at the time
of applying to transfer. If the applicant is changing
from another status, they will be required to submit
documents showing their current status. Once
International Services has reviewed the application
and verified that the prospective employee meets the
criteria for the H-1B status, the application (Form
I-129) will be filed with the USCIS.
Once
the USCIS has processed the case, written notification
is sent to International Services. International Services
will in turn notify the hiring department and the
prospective employee. The approval notice and a copy
of the application (form I-129) will be provided to
the prospective employee.
PROCESSING
TIMES
Applications
for H-1B Workers will be reviewed by the International
Services staff within 10 working days from the date
it was received. USCIS
processing times vary. However, hiring departments
should expect processing to take place in approximately
4 months from the date the USCIS receives the application.
Employers are allowed to file H-1B petitions no more
than 6 months prior to the intended start date of
employment.
Premium
Processing
is a system by which employers may request expedited
processing of H-1B applications by submitting an additional
fee of $1,000.00. Please note that premium processing
only guarantees that the USCIS will adjudicate the
request for the H-1B within 15 working days, barring
any security check delays. If the prospective employee
is outside the U.S. , it does not guarantee that U.S.
consulate will
expedite the issuance of the visa. Visa processing
times are determined by the country where the application
is being submitted. For more information on visa processing
times, visit the U.S.
Department of State website.
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.
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