H-1B

Frequently Asked Questions

What is the H-1B status and how is it used at Yale?
The H-1B Temporary Worker status is a nonimmigrant immigration classification which is used to hire a foreign national professional for a temporary period of time. H-1B status is typically used at Yale for faculty and academic positions, such as postdoctoral associate, lecturer, assistant professor, and for more senior M&P positions (minimum grade of 25). The H-1 B status is employer-specific. There must be an employer/employee relationship with the employer filing for H-1B status on behalf of the employee.

For how long can one have H-1B status?
H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers.) At Yale, the period of the petition will reflect the period of the appointment.

Who files the H-1B application on behalf of Yale?
All H-1B requests must be processed through OISS. Outside attorneys are not authorized to petition for H-1B status for any University employee.

Is the H-1B status valid for any employment at Yale?
No. The H-1B is valid ONLY for the position stated on the H-1B petition. The person holding H-1B status cannot accept any other employment in or out of the University.

Can a person who holds H-1B status change employers?
If an individual holds H-1B status and wants to change employers, the new employer must file a new H-1B petition. However, this must be done within the total six-year limit. The individual may begin working for the new employer, under the "portability" regulation (AC21), as soon as the new employer has filed their petition, and received Immigration's official notice of receipt.

Can a person in H-1B status give the occasional lecture at an institution other than his or her place of employment?
Persons in H-1B status may give seminars and lectures at other institutions, if the activity is incidental to his or her employment at Yale. However, no honorarium, wage, salary or material gain may be derived from these activities. Reimbursement for transportation and reasonable living expenses is permissible.

What happens if there are changes in the terms of employment after the initial filing and approval?
If there are changes in the terms of employment (including promotions, changes in duties, or change of departments), you must first consult with OISS to determine whether an amended or new petition must be filed. If an amended petition is required, it will be necessary to initiate a new H-1B application.

Can a person have more than one H-1B petition at one time?
Yes. An individual may have multiple H-1B petitions at any one time. However, each employer must petition for the H-1B status.

What is involved in filing an H-1B application?
There are two steps involved in acquiring H-1 B status. The first involves the Department of Labor (DOL) and requires an attestation from Yale that the "prevailing wage" for the particular position is being paid. Upon receipt of an approved Labor Condition Application, the actual H-1B petition is submitted to the U.S. Citizenship Immigration Service (USCIS.) This application includes documentation about the nature of the position and the individual's qualifications. If approved, the individual must obtain the H-1B visa overseas or have an USCIS approved change of status to H-1B.

What happens if my employment terminates?
The H-lB status is an employment-based status. As such, this status immediately ends on upon termination of employment. Although the Form I-797 (USCIS approval notice) may indicate a date well into the future, it will become invalid upon termination. If you are moving to another employer, the new employer must file (and Immigration must receive) the new petition BEFORE the date of termination.

Can the USCIS process be expedited?
USCIS offers expedited processing in the case of certain petitions. The USCIS Premium Processing Unit guarantees review of cases submitted, within 15 calendar days of the receipt of the application. The request for premium processing can take place at the time the H-1B application is filed, or, during the pending petition process, once the official receipt notice arrives. Either the hiring department or the applicant may pay the fee for this service, which is $1,000. This fee is "in addition to" the standard processing fee of $320. If you are interested in pursuing this option, please discuss with the adviser overseeing the H-1B filing.

Besides agreeing to pay the prevailing or actual wage, what are the obligations of the employer filing the H-1B application?
The employer, in this case the Yale school or department, is responsible for paying the reasonable costs of the return transportation to the home country for an H-1B who is dismissed prior to the expiration of the current H-1B authorization. The employer must also post a Notice of H-1B Filing for ten days in two campus locations at each work site where the applicant will work. The department is responsible for maintaining all conditions of the Labor Condition Application and the petition, including payment of the stated salary. Any change in the conditions of employment must be pre-approved by an OISS Adviser.

How long does it take to process and H-1B application and how far before the date of employment can the application be submitted?
H-1B petitions can be submitted up to six (6) months prior to the date employment will begin (in the case of new petitions), or the expiration of the current H-1B status (in the case of extensions). The entire process can take four to six months to complete.

Can H-1 status be used for graduate medical (clinical) training or clinical faculty appointments?
Yes, but only if the individual meets one of the following criteria:

  • is a graduate of a U.S. Medical School; or
  • is a graduate of a foreign medical school who has passed the FLEX exam or Steps 1, 2, & 3 of the USMLE, AND has a valid license or other authorization to practice medicine in the state of Connecticut and has passed the ECFMG English exam; or
  • is a physician of national or international renown.


Is a person holding J-1 status eligible to change to H-1B status?
A person holding J-1 status (an exchange visitor) who is subject to the two-year residency requirement is precluded from acquiring H-1B status until or unless the requirement has been fulfilled or waived. Exchange visitors who have received graduate medical education or training in the U.S. under the sponsorship of ECFMG are generally not eligible for a waiver of this requirement.

What status do dependent spouses and children of H-1B holders have?
Dependents of H-1B temporary workers have H-4 status. Persons in H-4 status cannot work in the U.S.