H-1B Temporary Workers

The following information is general information about the sponsorship process. For Georgetown University employees, please see the specific instructions on the H-1B Employee Application.

Sponsoring an employee for H-1B status is a multi-step process:

1. Prevailing Wage Determination: OGS determines the prevailing wage using DOL data. The salary offered must meet this prevailing wage to qualify for H-1B sponsorship. If the wage offered does not meet the prevailing wage, OGS will be in touch with the Department to discuss options.
2. Labor Condition Application: OGS files a Labor Condition Application with DoL certifying the working conditions. Processing takes 7 business days
3. USCIS: OGS files an I-129 petition with USCIS. Processing times fluctuate. Regular processing averages 5-6 months. Premium processing shortens USCIS processing to 15 business days for an extra fee. Please note that the premium processing fee only shortens the processing time at USCIS. OGS needs approximately 8 weeks to receive an H-1B approval.

For more details regarding the process and policies surrounding H-1B sponsorship please visit the Department Hiring H-1B Workers webpage.

Applications may be filed up to six months in advance of the requested start date. Employees are encouraged to start this process 6-7 months in advance. Regular processing averages 5-6 months. Premium processing averages 8 weeks (for an additional fee).

It is the employee’s responsibility to maintain H-1B status. This includes:

1. Work permission is limited to the position sponsored at Georgetown. Check with OGS regarding any changes to employment, including remote work from outside the DC area, work location changes, promotions, position changes, changes to salary other than standard increases, changes to hours, terminations, resignations, etc.
2. Employees in H-1B status sponsored by Georgetown can only receive payment from Georgetown University.
3. If you move, report your address change to USCIS within 10 days via a USCIS online account or Form AR-11. If your position is remote or hybrid, you are required to also notify OGS to ensure compliance with your H-1B status.
4. Maintain a valid passport at all times.
5. Carry proof of immigration status while in the U.S. It is recommended that you carry a copy of your passport, a copy of the H-1B approval notice as well as a printout of your I-94 record at all times.
6. Request an extension 6-7 months in advance as H-1B processing can be lengthy.
7. Notify OGS if you are leaving your position or you change your status.
8. Be aware that USCIS can conduct site visits to verify the information provided on the H-1B petition.

An H-1B employee can enter the United States up to 10 days prior to the approved start date of their H-1B petition. The CBP official at the airport has the discretion to also give them a 10-day grace period on their I-94 Record at the conclusion of their approved H-1B period. This is not granted in all cases.

Additionally, if an H-1B employee ceases employment with their H-1B employer prior to the expiration date of their I-797 H-1B approval, they may be eligible for a 60-day grace period. This 60-day grace period is only allowed if there are at least 60 days remaining on the I-94 Record. The H-1B employee may use this time period to transfer the H-1B status to another employer or depart the United States.

Certain H-4 dependent spouses can apply for work authorization from U.S. Citizenship & Immigration Services. H-4 spouses are eligible to apply if the H-1B temporary worker:

• Is the beneficiary of an approved I-140 Immigrant Petition for Alien Worker; or
• Has been granted an extension of H-1B status beyond 6 years under sections 106(a) and (b) of AC21.

For more information and details on how to apply, visit the USCIS website.

H-1B status may be granted for an initial period of up to three years. Extensions may also be granted in increments of up to three years. The maximum duration is six years (with limited exceptions). An individual becomes eligible for another six years in H-1B status only after residing outside the United States for one full year. H-1B status will not necessarily lead to permanent residency. Not all positions and employees that qualify for H-1B status meet the criteria for permanent residency sponsorship.

H-1B temporary workers may transfer their status to a different employer. Before the employee starts work with the new employer, the new employer must first file an I-129 petition with the USCIS and confirm that it has been received. Georgetown H-1B petitions are not subject to the H-1B quota, so if transferring to a private sector employer, employees must go through the H-1B lottery.

Changes to your employment may necessitate filing an H-1B amendment petition with USCIS. Please report changes to employment to OGS, including remote work from outside the DC area, work location changes, promotions, position changes, changes to salary other than standard increases, changes to hours, terminations, resignations, etc.