Information for H-1B Visa Holders
WHO QUALIFIES FOR H-1B?
H-1B status may be used to employ nonimmigrant professionals in a permanent position. H-1B status may be held for a maximum of six years. Although J-1 status is most often used to bring temporary international researchers and scholars to George Mason University, H-1B status is sometimes more appropriate. The position must require:
- Theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation.
- A Baccalaureate or higher degree (or its equivalent) in a specific academic discipline as the minimum requirement for entry into the particular position.
Changes of Status to H-1B:
For individuals already in the U.S. in another immigration status, the USCIS must approve a change of status. In order to change status within the U.S., a nonimmigrant must be maintaining their current status. Important note regarding J-1/J-2 immigration status: If the nonimmigrant is in J status and is subject to the two-year home residency requirement (or ever was in the past), he/she cannot change to H-1B status until this requirement is either fulfilled or waived. If waived by the Department of State, an official waiver letter must accompany the petition when the case is sent to USCIS.
Maximum Period Allowed:
One may hold H-1B status for a maximum period of 6 years. Since the Labor Condition Application must be renewed every three years, H-1B petitions are submitted for three years (or less), and may be renewed until the maximum period of 6 years has been reached. 7th year extensions are permitted under certain conditions.
Part-time H-1Bs:
Part-time H-1Bs are discouraged. The Department of Labor requires a strict record-keeping of all part-time hours worked, and this makes these H-1Bs much harder to keep up with in terms of compliance. Please consult with OIPS to discuss exceptions to this policy. Cases that merit further discussion will be referred to the Provost's office.
Concurrent H-1Bs:
Concurrent H-1Bs are possible, allowing a worker to be employed by GMU and another employer at the same time. Both employers must file an I-129 petition with USCIS.
Extensions of H-1B status:
H-1B extension procedures are basically the same as the initial H-1B. This packet must again be completed by the department and the employee, and submitted to OIPS with all requested attachments. Please note: employee must include updated CV and last three pay stubs with documentation. If six years have been used, the individual must remain outside the U.S. for a period of one year before the six-year clock can begin again.
H-1B extensions fall under a "240-day rule" - please note that this applies to H1Bs only. "An H1B alien for whom the employer has filed a timely application for an extension of H1B stay can continue employment for the same employer while the request for extension of stay is pending with USCIS, for a period of up to 240 days beyond the expiration of the prior period of authorized stay." 8 C.F.R. 274a.12(b)(20).
Return Transportation of Alien:
If the employee is dismissed before the end of the authorized period of H-1B employment, the hiring department will be responsible for paying the reasonable costs of return transportation to the employee's home country. This USCIS regulation was implemented to ensure that the foreign national would not be stranded in the U.S. without being able to return to his/her home country. Because of this regulation, H-1B status should be requested only for that length of time for which funding is available.
GMU Liability:
Submission of an H-1B petition by GMU on behalf of a prospective employee does not guarantee that the petition will be approved. The approval of such petitions rests with U.S. government agencies--not with GMU. Be assured, however, that every effort will be made by the Office of International Programs and Services to secure the necessary personnel for departmental needs, and to process the paperwork in as timely a manner as possible. Please note: not all positions will qualify for H-1B status.
Portability Provision:
This provision allows a current H-1B worker who is filing a new H-1B petition for employment with GMU to begin working here as soon as we have confirmation that USCIS received the petition, rather than waiting for the petition to be approved.
Fees:
The filing fee for the H-1B Petition for Nonimmigrant Worker (Form I-129) is $320. If family members are changing to H4 or extending their H4 visa status, form I-539 must be completed, and the filing fee of $300 must accompany that form. If Premium Processing is necessary, the filing fee for form I-907 is $1,000. All payment must be by check or money order, made payable to The Department of Homeland Security. The Fraud Prevention and Detection Fee (if applicable) is $500. This fee is the responsibility of the employer (hiring department), not the prospective employee. This separate check should be made payable to Department of Homeland Security. Departments that wish to cover the cost of the I-129 petition and/or premium processing must request checks well in advance. If needed, OIPS will supply a letter to be submitted with the check request.
NEW H-1B LEGISLATION -
Provisions of the H-1B Visa Reform Act of 2004
On December 8, 2004, President Bush signed the Fiscal Year 2005 Consolidated Appropriations Act (H.R. 4818) into law. This law incorporates the "H-1B Visa Reform Act of 2004," which contains significant provisions affecting the H1-B specialty worker category.
One of the H-1B provisions include new $500 anti-fraud fee. A $500 "fraud protection and detection fee" has to be paid by all employers (including institutions of higher education) who file an H-1B petition: a) initially to grant an alien H-1B status, and b) to allow an H-1B nonimmigrant to change employers. Effective date: for petitions filed on and after March 8, 2005. [Sec. 426].
top of the page
|
