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H-1B Visa: Temporary Worker in a Specialty Occupation

An H-1B temporary worker is defined as a person who will perform services in a specialty occupation. The H-1B classification is appropriate for those occupations that require "theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty or its equivalent as a minimum entry into the occupation in the United States." The U.S. Citizenship and Immigration Services (USCIS) has mandated a process to monitor and prevent situations where the employment of H-1B aliens could have an adverse effect on the wages and working conditions of U.S. workers. It has charged the Department of Labor with governing this process.

The International Center, in conjunction with the international scholar's Tufts sponsoring department process the necessary documentation for an H-1B Petition. An H-1B visa holder will only be authorized to work for the specific job outlined in the H-1B Petition. An H-1B employee may be admitted into the United States for an initial maximum period of up to three years. However, the maximum total stay in H-1B status is six years. Employment outside of Tufts University is not allowed under the Tufts H-1B Petition application. It is possible to work for more than one employer, but you must secure separate H-1B Petition approvals for each additional employer. There is dual intent with the H-1B visa. The concept of dual intent allows an alien to obtain H-1B status and maintain that status while making arrangements for adjustment to permanent-resident status. This is an ideal visa category for tenure-track positions. If the international faculty or research scholar is subject to the two-year foreign residence requirement, he/she will not be eligible for H-1B visa issuance.

An Employer is liable for reasonable return transportation to place of last residence outside of the U.S. if the individual is dismissed by the university before the end of his/her period of authorized stay, but only if the individual returns immediately after departure from Tufts to last place of residence outside U.S.

H-4 Visa Holders (Dependents of H-1Bs): H-4 visa holders are not authorized to work in the U.S., under any circumstances. H-4 visa holders are permitted to take courses provided that they do not accept any form of financial assistance, research assistantship, etc. Effective 12/05/2006, USCIS issued an internal Memorandum stating that time spent in H-4 status DOES NOT count toward the six year limitation on stay for H-1B workers.

Transfers/Terminations/Change of Visa Status: Once someone is in the U.S. in valid "H" classification, he/she must maintain legal immigration status at all times. The validity date of a specialty occupation worker's visa is determined by the expiration date on their Form I-797 H-1B Approval Notice or by his/her last day at Tufts, whichever comes first. All requests for transfers or change of visa category must be processed prior to the expiration date mentioned above.

H-1B Portability. Effective 10/17/00, Section 105 of the American Competitiveness in the Twenty-First Century Act implemented a feature to U.S. employers sponsoring H-1B workers. It allows individuals who are already in current H-1B status at another institution to commence employment with a new employer upon the filing of the new employer's H-1B petition with USCIS. The international scholar must be in legal immigration and work status with the previous employer at the time we file the H-1B petition from Tufts. The Portability clause will allow Tufts to permit the start of employment upon receiving confirmation from USCIS that they have received the petition. We no longer need to wait until they actually approve the petition in order for the person to start working. People leaving Tufts employ to a non-academic institution will be made subject to the H-1B cap.

Premium Processing. Effective 06/01/01, USCIS implemented a method for employers to obtain faster processing of H-1B petitions. There is a fee of $1,000 which must be made payable to USCIS. This fee, unlike our internal Tufts fee* can be paid either by the individual or the employer. USCIS guarantees a 15-day turnaround time from the time they receive the petition. It takes us approximately 5 weeks to prepare a petition to be sent to USCIS. The Premium Processing feature is very good for new hires to the H-1B category and more specifically for those hires which need to be expedited.

*Visa Processing Fee (this is an internal Tufts Fee charged to your department account) The International Center will charge your department account a $1,000 processing fee. Tufts Sponsoring Departments are required to pay this fee. You cannot ask the international scholar to pay it; it is illegal to do so. This is an internal fee and is separate from the USCIS $1,000 Premium Processing fee mentioned above (it is simply a coincidence that these fees are for the same amount).

For more information on the H-1B Visa, learn more >>