H-1B Temporary Workers
H-1B status is used for people who will perform services in a specialty occupation on a temporary basis. At Emory, it can be used to bring faculty, researchers or other highly specialized professionals to the US. It is important that departments keep in mind that H-1B is a temporary nonimmigrant status. H-1B employees must be coming to fill a position temporarily, although the position itself may or may not be temporary.
Specialty Occupations
- To qualify as a "specialty occupation," the position must meet the following requirements:
- A bachelor's or higher degree in a specified field is normally required.
- The job duties require specialized and complex knowledge.
- To qualify for H-1B status, the international employee must already have the degree, certificate or license that enables them to practice their profession in the state of Georgia, if applicable.
- Emory does not sponsor part-time H-1Bs as the rules are different and require a great deal of documentation by the hiring department. There is also a greater audit risk with part-time H-1Bs.
Length of Stay
H-1B status is initially granted for up to three years. Extensions can be applied for, but the maximum stay is six years. H-1Bs may enter the US up to ten days prior to the start date on the I-797 approval notice and may be granted a 10-day grace period after the end date on the I-797 approval notice. To confirm if a grace period was given, H-1Bs should check the I-94 each time they enter the US. The ten-day grace period is not automatically given and is up to DHS discretion. H-1Bs cannot work during the grace period.
Dependents
H-1B employees can bring their spouse or unmarried children under the age of 21 with them to the United States as H-4 dependents. Dependents in H-4 status can study in the US. H-4 children are not eligible for work authorization. Under special circumstances, H-4 spouses can apply for work authorization. For more information, please visit ISSS' Bringing Family page.
Request Process Overview
The H-1B petition involves three steps:
- The H-1B wage analysis
- Filing a Labor Condition Application (LCA)
- Filing an H-1B petition with USCIS
The process begins with an analysis of the wage requirements and then submission of the Labor Condition Application (LCA) to the US Department of Labor (DOL). Once the LCA has been certified, ISSS prepares the H-1B petition for filing with United States Citizenship and Immigration Services (USCIS).
Once the department administrator, supervisor and future employee submit a complete H-1B request in ISSS Link, the assigned ISSS advisor will complete an initial comprehensive case analysis within 5-10 business days. The advisor will contact the department with detailed information about the DOL and USCIS government processes. Note: The request process is the same for initial requests, extensions and amendments (employment changes), and government processing times vary per agency.
Maintaining H-1B Status
H-1B employees have several immigration responsibilities, including reporting any changes in their employment, keeping their local address updated with USCIS and more. For information, please visit ISSS' Maintenance of International Scholar Status page.