Overview of H-1B
The H-1B temporary worker immigration status is designed for individuals coming temporarily to the United States to work 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.” The H-1B is designed for professionals and professors.
The H-1B requires that the employer file the petition on behalf of a beneficiary (employee) if the beneficiary is deemed eligible. There must be an employer-employee relationship. The H-1B can only be submitted after an official job offer has been made. The hiring department, not the nonimmigrant, is responsible for initiating the H-1B petition. The employee may only work for the employer that filed the H-1B petition.
Employment authorization is granted through the U.S. Citizenship and Immigration Services (USCIS), is specific to the job, employer, department and physical location(s) of employment. It is also specific to the other terms and conditions of employment including salary, duties to be performed, and responsibilities such as supervision of other employees. Any change in the terms and conditions may require filing a new H-1B prior to the change taking affect.
The hiring department must pay the immigration filing fee and anti-fraud fee (if necessary) and the payment must be a University issued check for the appropriate amount. The filing fee is subject to change. The fee for premium processing, if requested, must also be paid for by the hiring department. The department is not responsible for paying the filing fee for dependents of the H-1B.