H-1B Basics

Eligibility

You must have an offer of employment from a U.S. employer to receive H-1B status.

Employer Responsibilities

Departments looking to hire a H-1B employee need to abide by certain conditions and requirements.

Immigration Documents

The I-797 Approval Notice is the main document to prove that a USCIS petition has been approved.

Obtain or Extend Status

Application Process

ISSS works with department representatives to prepare employment-based visa petitions.

Application Fees

Department of Labor regulations require that employers pay expenses required for H-1B applications.

Processing Time

The total time for preparation and adjudication of the petition can range from 2–8+ months.

Working with Outside Counsel

Departments and employees often use outside counsel to prepare and file employment-based petitions.

Case Types

Learn more about consular notification, change of status, extension, and transfer.

Contract Language

Employing departments will be asked to prepare an H-1B Support Letter that includes this language.

Medical Residents

Extensive documentation is required for H-1B petitions for medical resident/fellow cases.

Maintain Your Legal Status

Subscribe to the ISSS Scholar Update

ISSS sends the ISSS Scholar Update monthly to share important updates.

Change of Address

You are required to report your U.S. address within 10 days of moving.

Changes in Employment

An amended H-1B petition may need to be filed if an employee's job is expected to undergo a substantial change.

Part-Time Employment, Consultation, and Taking Classes

Be aware of various rules and restrictions.

USCIS Site Visits

USCIS site visits are routine and should not be a cause for alarm.

Departure or Termination

Notify ISSS if an H-1B employee's job ends before the end date on their 1-797 Approval Notice.

Travel

International Travel

Requirements for traveling outside and within the U.S.

Applying for a Visa

Information and advice about applying for an H-1B visa.

Dependents

Dependents

Your spouse and children under age 21 are normally eligible for H-4 dependent status.