Office of International
Students & Scholars
International Center
421 Temple Street
New Haven, CT 06511
USA

Phone: 203.432.2305
Fax: 203.432.7166
email: oiss@yale.edu

H-1B Temporary Workers

The H-1B Temporary Worker status is a nonimmigrant immigration classification used to hire a foreign national professional for a temporary period of time. H-1B status is employer-specific.

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.)

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 a new "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.

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 the employer that the "prevailing wage" for the particular position is being paid. Upon receipt of an approved Labor Condition Application, the actual H-1B application 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 is the H-1B Cap?
There is an annual limit to H-1B visas for the profit sector. This limit is currently 65,000.

What happens if my employment terminates?
The H-1B 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 now 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.