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H1-B

What is H-1B status?

The H-1B non-immigrant status is for foreign nationals who are offered temporary employment in the United States to render services in “specialty occupations.”

Employment Offer: An offer of employment is required from an U.S. employer who must file the petition, pay the foreign national regularly, and supervise the foreign national’s work. A foreign national cannot self-petition for an H-1B visa.

Temporary: H-1B employment must be temporary, even if the foreign national is coming to the university to fill a permanent position.

Specialty Occupation: The foreign national must be coming to the U.S. to work in an occupation that requires (a) theoretical and practical application of a body of specialized knowledge, and (b) a bachelor’s or higher degree in a field related to the occupation.

H-1B status is employer and position specific. Employment is limited to work for the sponsoring H-1B employer and work in the position specified in the H-1B petition. If Tulane University is filing an H-1B petition for a foreign national, unless and until a different employer files an H-1B petition, that employee may only work for the University and only in the position specified in the H-1B petition. If the employment changes in any material way (such as a significant change in job duties, location, full or part-time, etc.), OISS must be informed.

H-1B petitions can be filed for full-time or part-time positions.

In order to file an H-1B petition, the University must offer the foreign national a wage equal to or exceeding the required wage for the position.

Individuals who are subject to the J non-immigrant visa’s 212(e) 2-year home-country residency requirement are not eligible for H-1B status unless the requirement has been fulfilled or waived.

Note regarding current J status holders: Current J status holders who plan to seek a waiver must contact the OISS in regards to their visa status before beginning the waiver process, as it could impact their eligibility for J-status extensions.

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