H-1B Overview
H-1B is an "employment-based" status which allows foreign nationals to come to the U.S., specifically for the purpose of working and being paid in a position that is considered to be a "specialty occupation". The H-1B temporary worker immigration status allows U.S. companies to employ foreign workers in a specialty occupation, which is one that requires "theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement". At Ä¢¹½´«Ã½, H-1B sponsorship is reserved for those in full-time, EHRA teaching and non-teaching positions.
Given recent developments within U.S. immigration policy, OISS advises that H-1Bs should not engage in international travel unless absolutely necessary. Such travel is undertaken at the H-1B employee's own risk, as U.S. immigration-related policies and practices are subject to change at any time. Please call us for further counsel.
H-1B at UNCW
H-1B employment is site specific according to federal law. Therefore, H-1B professionals may only be employed by the Ä¢¹½´«Ã½ department that submitted the H-1B petition. No other employment, on or off campus, is permitted without separate approval by the U.S. Citizenship and Immigration Services (USCIS).
H-1B status may be initially granted for a period of up to three years. Extensions may be obtained, but the total period of authorized stay cannot exceed six years, unless specific exceptions apply. If a foreign national is already on H-1B status and transferring to UNCW, the total period of authorized stay does not reset but will continue to count towards the original six year maximum.
Requesting H-1B Sponsorship
Before a potential UNCW employee can be granted H-1B status, the university must submit a petition to U.S. Citizenship and Immigration Services (USCIS). The Office of International Students and Scholars prepares and files the required forms, but the hiring department is responsible for requesting the petition and providing all necessary supporting documentation. An H-1B petition can only be submitted after an official job offer has been made.
Due to long processing times, departments are urged to submit applications at least 6 months before the requested start of H-1B status to Franziska Neumann at neumannf@uncw.edu.
H-1B Extensions
In order to continue working without a gap or loss of lawful status, an H-1B extension must be filed by OISS before the current H-1B expires. The extension process should begin at least six months prior to the current expiration date.
According to 8 C.F.R. § 274.12 (b) (20), if the H-1B applicant is currently in H-1B status at UNCW, it is possible for the applicant to continue working for the University up to 240 days after the expiration of their current status, as long as their H-1B petition was filed before their expiration date. If the H-1B extension is not filed before the expiration of the current H-1B status, employment must stop and the individual may have to leave the U.S. until the H-1B is approved and the approval notice is received by OISS.
A request for an extension can be for a maximum of three years or less as long as the beneficiary has not exceeded the six year maximum in H-1B status. There are exceptions to this rule. If you have a Labor Certification or an I-140 that has been pending for more than one year, then you may qualify for a seventh year extension.
Please note: Every immigration petition varies by beneficiary. It is the responsibility of the department and foreign national to contact OISS for accurate information on their specific immigration pathways.
H-1B Compliance
It is vitally important that all information provided with the H-1B request be accurate. Submitting inaccurate information on an H-1B petition can result in severe penalties for the employer. Although a regular salary increase would not violate the H-1B regulations, UNCW may not make any other substantial change in the employee's duties, dates of employment, title, salary, or location of employment until we have received USCIS approval of a new H-1B petition. Any changes must be immediately reported to the Office of International Students and Scholars.
U.S. immigration law requires the employer to be responsible for the employee's return travel expenses to his/her home country if employment is terminated before the end of the H-1B authorization. This expense would be the responsibility of the hiring department. For this reason, we suggest that a department request an H-1B petition for only the period of time which funding is reasonably secure. If continued funding is obtained, then the university may request an extension of the H-1B petition.