H-1B Visas
ÃÛÌÒÓ°Ïñ will support H-1B status for a job candidate who has been offered a tenure/tenure-track position as a faculty member.
The H-1B nonimmigrant status permits temporary employment in specialty occupations. An H-1B employee must have professional skills and a university degree (at minimum, a bachelor’s degree) in the same or similar field as the job offered. Under current regulations, H-1B status is granted for an initial period of three years, and a three-year extension is possible for a maximum duration of six years. The H-1B petition is employer-specific.
Dependents of H-1B holders are eligible for H-4 status.
H-1B Petition at ÃÛÌÒÓ°Ïñ
All requests for H-1B status at ÃÛÌÒÓ°Ïñ must be initiated by Faculty Affairs by contacting Jessica Petrovic at jessica.petrovic@csulb.edu.
- After offering a position to a prospective international applicant, the Office of Faculty Affairs contacts the Office of International ÃÛÌÒÓ°Ïñ and Scholars to start the H-1B petition.
- The international faculty member must submit a completed H-1B Biographical Information Form (PDF) to the Office of International ÃÛÌÒÓ°Ïñ and Scholars.
- The Office of International ÃÛÌÒÓ°Ïñ and Scholars will submit the Labor Condition Application (LCA) from the U.S. Department of Labor. Within 30 days of the LCA submission, the U.S. Department of Labor will send a certified LCA to the Office of International ÃÛÌÒÓ°Ïñ and Scholars.
- After receiving the certified LCA, the Office of International ÃÛÌÒÓ°Ïñ and Scholars prepares and submits the H-1B petition to the United States Citizenship and Immigration Services (USCIS).
- When USCIS approves the H-1B petition:
- If the employee is not in the U.S., the Office of International ÃÛÌÒÓ°Ïñ and Scholars will send the approval notice to the international faculty member to obtain the H-1B visa stamp to enter the U.S.
- H-1B employees extending their ÃÛÌÒÓ°Ïñ employment may remain working at the university while waiting for USCIS approval if the extension request was submitted to USCIS before the expiration of their current H-1B. If the extension request was received by USCIS before the current H-1B expired, the H-1B status holder is granted a 240-day grace period to continue living and working in the U.S. while the petition is pending.
- H-1B employees who are changing employers to ÃÛÌÒÓ°Ïñ are only eligible for ÃÛÌÒÓ°Ïñ payroll when USCIS receives the H-1B change of employer petition.
- International faculty members changing to H-1B status from a different status (F-1, J-1, TN, etc.) may begin working in H-1B status when the Notice of Approval has been received from USCIS.
Per the Department of Labor regulations, all fees associated with filing the H-1B petition are the sole responsibility of each hiring department.
- I-129 Form Filing Fee: $460
- Fraud Prevention and Detection Fee: $500
- Premium Processing (optional): $2,805
Fees are subject to change and are dependent on a case-by-case basis.
All H-1B employees are responsible to become familiar with the immigration requirements related to their status.
- Passport Validity: Keep a valid passport for six months beyond the duration of your H-1B status. Review your I-797 approval notice for dates.
- Address Notification: Report a change of address within 10 days of your move. To report a change of address, you must:
- File Form AR-11 located on the
- Contact Human Resources to update your personal information
- I-94 Expiration: Do not remain in the U.S. beyond the expiration of your I-94.
- Employment: Do not accept employment other than the employment approved under your H-1B petition.
- H-1B Extensions: For an H-1B extension, contact the International ÃÛÌÒÓ°Ïñ and Scholars office six months before your H-1B expiration date.
- Notification of Job Changes: Your department should notify the Office of International ÃÛÌÒÓ°Ïñ and Scholars of any material changes in your employment, including a change of department, job duties, hours, title, and work location.
H-4 status is available for spouses and/or children of H-1B beneficiaries. H-4 status for children expires when the child reaches 21 years of age.
- H-4 status holders may remain in the U.S. until the end date on their last I-94 card.
- H-4 status is contingent upon the validity of the H-1B beneficiary. For those H-4 dependents residing in the U.S. whose status is expiring, they must file Form I-539 concurrently with the main beneficiary. If the H-4 dependent is abroad, they must apply for the H-4 visa stamp using the documents of the main beneficiary.
- H-4 dependents are permitted to study in the U.S., but are not authorized to work.
- Filing for the H-4 is the responsibility of the H-1B beneficiary.
To re-enter the U.S. in H-1B status and continue employment, you will need the following documents:
- Passport valid for six months beyond the duration of your H-1B status.
- Original I-797 Approval Notice
- Copies of forms I-129 (contact the Office of International ÃÛÌÒÓ°Ïñ and Scholars if you do not have a copy)
- Copy of the Certified Labor Condition Application (contact the Office of International ÃÛÌÒÓ°Ïñ and Scholars if you do not have a copy)
- H-1B valid visa stamp (not necessary for Canadian citizens). If your visa has expired or if you changed status to H-1B within the U.S., remember that before you can return to the U.S., you will need to schedule an appointment at the U.S. consulate to obtain the H-1B visa stamp.