H-1B Visas
The H-1B Visa is the non-immigrant employment visa most commonly used for the temporary employment of professionals and professors. An H-1B visa is designed for a foreign national who is or will be employed in a "specialty occupation," which requires
- The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation
- The completion of a baccalaureate degree or higher in that specific occupational specialty.
H-1B visas are valid for a total of 6 years and can be moved from one employer to another. However, the new employer must file a new petition. Resources for processing an application:
Definitions
Instructions to Departments
Petitioner
The H-1B visa requires a Petitioner or Sponsor (NC State University), and the beneficiary or employee may only work for the specific Petitioner, unless he/she has additional, independent work authorization or a concurrent H-1B Petitioner.
The sponsoring NC State Department, not the foreign national beneficiary, must initiate all petitions. The process includes the H-1B Extension requests and portability requests. The H-1B packet must be submitted to International Employment (IE) as far in advance as possible (2-3 months preferred) to ensure timely processing.
Note: If the packet is not received by International Employment (IE) in a reasonable amount of time, they cannot guarantee timely processing.
1-94 Card and Overstays
H-1B holders receive an I-94 card with a specific end date. This end date should correspond with the petition expiration date. If a foreign national is in the US
- Beyond the end date indicated on the I-94 card and
- He/she is classified as an "overstay" for immigration purposes
Overstays may be subject to 3- and 10-year bars to re-admittance to the US, depending on the length of overstay.
