H-1B Information and Process
The H-1B is a nonimmigrant visa that allows a nonresident alien to work in the US on a temporary basis. The employer has to request the H-1B visa on behalf of the nonresident alien. The H-1B is also job and location specific; therefore, the nonresident alien while employed is only allowed to perform the duties that are outlined in the H-1B at the location specific in the petition. If there are any changes to the job or location, the H-1B visa must be updated prior to the nonresident alien assuming the new duties or change in location.
H-1B status can be obtained in one of two ways:
- If the individual is abroad, after certain application procedures are accomplished, the nonresident immigrant may receive an H-1B visa at a U.S. consulate.
- If the foreign national is already in the United States and maintaining lawful nonimmigrant status in another visa category, he or she may usually apply for a change of status to H-1B. Note: If the H-1B employee is already on an H-1B visa in the US, Missouri State University will still need to process an H-1B visa petition on behalf of the employee.
Government Agencies involved and their responsibilities in the H-1B process
| Department of Labor | US Citizen and Immigration Services (USCIS) | Department of State |
|---|---|---|
| Determines Prevailing Wage | Adjudicates H-1B Petitions | Issues Entry Visa Stamp |
| Certifies Labor Condition Application | Regulates and Monitors Non-immigrant Status | |
| Requires Job Posting | Requires Employer to Pay Return Trip Home | |
| Audits Public Access File |
The process to obtain an H-1B visa takes approximately 4 to 6 months. This is true even for extension to the H-1B. The hiring unit can request premium process, but the hiring unit will still need to allow 5 to 7 weeks before the H-1B will be approved. Therefore, the hiring unit should allow ample time to complete the request and obtain the H-1B. Note: There is no guarantee that the H-1B petition will be approved, even if the nonresident alien was able to obtain an H-1B originally.
If the hiring unit terminates employment prior to the expiration date of the H-1B visa, the hiring unit is responsible for paying the airfare home.