H-1B Temporary Workers
Individuals employed by institutions of higher education or a related or affiliated nonprofit entity, by nonprofit research organizations, or by governmental research organizations are not subject to the H-1B quota. Georgetown University can file H-1B petitions year-round.
The following information is general information about the sponsorship process. For Georgetown University employees, please see the specific instructions on the H-1B Request Form.
Sponsoring an employee for H-1B status is a multi-step process. An employer seeking to hire someone in H-1B status must first obtain a prevailing wage from the Department of Labor (DoL) and then submit a Labor Condition Application (LCA) to the DoL.
Upon approval of the LCA, an employer must file an I-129 petition with USCIS. The following documents must be included in support of the I-129 petition:
Approved Labor Condition Application;
Evidence that the alien qualifies to perform services in the specialty occupation including CV, diplomas, and transcripts;
Copies of any written contracts between the employer and the beneficiary;
Statement signed by an authorized official of the employer that the employer will be liable for reasonable costs of return transportation to the alien’s last place of residence if s/he is dismissed by the employer before the end of the period of authorized stay in the United States;
Copies of all immigration documents [passport, I-94 Record, visa, Form I-20(s), Form DS-2019(s), EAD(s), I-612 waiver approval, and/or I-797 approval notice(s)];
I-907 Form (if requesting premium processing service) with the additional fee. Note: Applications filed under premium processing will be processed within 15 days.
When the employer files the I-129 petition, they may request either a change of status or consular processing. A change of status is appropriate for individuals who are currently in the United States. Consular processing is used for those who are overseas or those who will be traveling overseas while the application is pending. Travel outside the United States while a change of status is pending will abandon that change of status. It is, therefore, best to discuss any travel plans with your employer to determine whether a change of status or consular processing is best for you. When USCIS approves the I-129 petition, the Service Center sends an I-797 approval notice to the employer. If a change of status was requested, a new I-94 Record will be attached to the approval and will serve as evidence of employment eligibility. If consular processing was chosen, USCIS sends the original approval notice to the employer and notifies the U.S. Consulate indicated on the I-129 petition. The individual must then travel to the Consulate to apply for an H-1B visa. An individual who requests a change of status will be required to visit a U.S. Consulate and apply for an H-1B visa stamp the next time they leaves the United States. Exception: An H-1B employee may travel to Canada or Mexico for 30 days or less without a valid H-1B visa stamp, as long as s/he retains the Form I-94 and presents it for re-entry to the United States within a 30 day period. This is referred to as automatic visa revalidation. Citizens of countries designated as state sponsors of terrorism by DoS (Iran, Sudan, and Syria) are not eligible for automatic visa revalidation.
Applications may be filed up to six months in advance of the requested start date. Processing times vary. Visit the USCIS Case Status Online website for current processing times. An employer may file an H-1B petition via Premium Processing or convert a pending application to Premium Processing by submitting Form I-907 with the required fee. This service guarantees adjudication of the application within 15 days.
Maintenance of H-1B status is tied to employment with the employer who sponsored the H-1B petition. The H-1B is employer and job-specific. It does, however, allow for portability. Under H-1B portability provisions, an employee who holds H-1B status may begin working for a new employer as soon as the new employer has filed an I-129 petition with USCIS.
- Maintain a valid passport at all times, unless exempt from passport requirements;
- Work only for the employer(s) sponsoring the approved H-1B petition except in the case of a transfer (see below);
- Report a change of address to DHS within 10 days of the change via the USCIS website or Form AR-11;
- Notify their International Scholar (IS) Advisor whenever there is any change in their work (change in title, duties, department, hours, if they are leaving the job, etc.); and
- Apply for an extension before the H-1B approval/I-94 Record expires (in order to continue working at Georgetown). Processing can take 3-8 months, so allow ample time for processing. The application must be filed with the USCIS prior to the expiration date on the Form I-94 for the employee to be able to continue working without interruption. There is no grace period for foreign nationals in H-1B status after the authorized period of stay ends unless specifically authorized by the DHS at the port-of-entry.
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.
Effective May 26, 2015, 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. USCIS also has a Frequently Asked Questions 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. USCIS often requests copies of recent pay stubs for transfer applications as evidence of maintenance of status.