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International Scholar Relations

H-1B Petitions

Wherever the art of medicine is loved, there also is a love of humanity. ~ Hippocrates

The H-1B visa is considered a temporary work visa for individuals hired in a specialty occupation.   A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree in the specific specialty as a minimum for entry into the United States.

Because the H-1B visa is a work visa, only the employer may petition on behalf
of an individual they wish to hire; the beneficiary (employee) cannot self-petition.                                                                                                                                                                                                                                                 

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Eligibility and Limitations of the H-1B Visa

Eligibility for H-1B sponsorship includes but is not limited to the following criteria:

  • The position must be a regular position;
    The position must be full-time equivalent and be fully funded, with benefits;
    The potential employee must intend to remain in the position for the duration of the visa;
    The host college or department must be willing to devote considerable staff time and resources to the petition process;
    The potential employee must be eligible to apply per requirements established by Federal regulations.

H-1B visas have a limited duration of six years, total cumulative time during a consecutive stay in the U. S.  For those who might want or need to stay longer than this, it is important to plan far in advance for the next step, post H-1B.

Processing times for H-1B visas are from four to six months, unless Premium Processing is used at an additional cost to the sponsoring department or college.

ISR does not assist with filing petitions on behalf of an employee’s dependents (H-4 visas); this responsibility is the employee’s.

FORMS & DOCUMENTSThis link is only available to WesternU faculty and staff.

 

Updated:  August 2016