H-1B Specialty Occupations
Description
The H-1B visa classification is for temporary workers in a Specialty Occupations. H-1B status is initially granted for a maximum period of three years and can be extended to a maximum of six years.
H-1B Specialty Occupation requires for the applicant to have completed a bachelor’s degree or higher, and must meet all job qualifications. H-1B is employer-specific and position-specific, and individual may only work for the employer who sponsors his/her status and only in the position set forth in the position.
Characteristic | H-1B |
---|---|
Employment |
Approved position by HR immigration prior to initiate case, must be job specific & position specific |
Qualifications |
Must have the minimum degree and experience required for the specialty occupation ( Bachelor’s degree or higher) |
Maximum Duration |
6 years |
Dependents |
H-4 dependents may not apply for work authorization (exemptions apply for LPR applicants) |
HR- Immigration Processing Times |
8-10 weeks |
If currently or previously on J-1 status and are subject to the 212(e) / Two- Year Residency requirement, you must either fulfill the residency requirement or obtain a waiver before applying for H status.
- For more information regarding the waivers please click Here
Hiring Departments must initiate the request and approvals must be received prior to the case being initiated. An email to HR Immigration team stating the sponsorship is approved will suffice:
- Academic Units must obtain approvals from Dean and Chair
- Administrative Divisions must obtain approvals from Department Heads
Once the HR Immigration team has received the approvals, further instruction and forms will be provided to initiate the case. Please forward approvals to HRImmigration@utep.edu.
To schedule an appointment for any questions please click HERE.
HR- Immigration has a standard processing time of 8-10 weeks for H-1B petitions. It is necessary to initiate cases on a timely manner. We recommend to initiate the process 6 months prior the anticipated start date, due to the normal processing times at USCIS after receipt of application.
USCIS offers Premium Processing for H petitions, wherein the case is guaranteed to be adjudicated within 15 business days of receipt. This does not guarantee the case will be approved. The fee for this expedite service is $2,500 and can be paid by either the hiring department or employee. Please note Premium Processing does not expedite HR- Immigration processing times.
Important Travel information:
It is necessary to inform HR and the Immigration attorney of any travel plans you or your dependents may have prior to leaving the country to avoid any possible delays.
Hiring Departments/College will be responsible to cover all fees related to the employees H-1B applications.
- $460 application fee
- $500 Anti-Fraud fee (does not apply to H-1B extensions)
- $2,500 Premium Processing fee ( can be covered by Hiring Department or employee)
- $2,000-$2,800 Legal fees
- $50-$100 FedEx fees
- Dependent Fees are not covered by the University
All fees listed above are subject to change based on increments established by USCIS (filing fees) or Immigration Law Firm (legal fees)
It is the responsibility for the H-1B visa holder to maintain legal non-immigrant status at all times while present in the U.S. Please find below a few conditions that are part of status maintenance:
- Maintain a valid passport at all times, unless exempt from passport requirements.
- Work only for the employer(s) that have obtained an approved H-1B petition on your behalf.
- Notify HR Immigration immediately of any potential changes to the conditions of your employment BEFORE the change occurs. This includes, but is not limited to, a significant change in your compensation package, changes in your job title, academic department, or day-to-day employment activities, changes in city of employment, changes in number of hours, and/or any leave of absence.
- The processing of an H-1B petition is a complex and lengthy process involving multiple government agencies. It is your responsibility to ensure that the processing for any extension(s) of your H-1B status is started in a timely manner. You are strongly urged to start the process 6 months in advance of your current H-1B expiration date.
- Check electronic I-94 upon entry to the US to confirm expiration date of I-94, it’s highly important to keep a valid I-94 at all times.
H-1B status vs. H-1B visa stamp