H-1B Temporary Workers
H-1B status is used for people who will perform services in a specialty occupation on a temporary basis. At Emory, it can be used to bring faculty, researchers, or other highly specialized professionals to the US. Keep in mind that H-1B is a temporary non-immigrant status. H-1B scholars must be coming to fill a position temporarily, although the position itself may or may not be temporary.
Requirements and Specialty Occupations
- To qualify as a "specialty occupation," the position must meet both of these requirements:
- A bachelor's or higher degree in a specified field is normally required.
- The job duties require specialized and complex knowledge.
- To qualify for H-1B status, the international scholar must already have the degree, certificate, or license that enables them to practice their profession in the state of Georgia, if applicable.
- Emory does not sponsor part-time H-1B as the rules are different and require a great deal of documentation by the hiring department. Also, there is a greater audit risk with part-time H-1Bs.
Length of Stay
H-1B status is initially granted for up to three years. Extensions can be applied for, but the maximum stay is six years. H-1Bs may enter the US up to ten days prior to the start date on the I-797 approval notice and may be granted a ten day grace period after the end date on the I-797 approval notice. To confirm the grace period given, H-1B scholars should check the I-94 each time they enter the US. The ten-day grace period is not automatically given and is up to DHS discretion. H-1Bs cannot work during the grace periods.
Dependents
H-1B scholars can bring their spouse or unmarried children under the age of 21 with them to the United States as H-4 dependents. Dependents in H-4 status can study in the US. H-4 children are not eligible for work authorization. Under special circumstances H-4 spouses can apply for work authorization. For more information, please visit ISSS' Bringing Family page.
Request Process Overview
There are three-steps of the H-1B petition:
- The H-1B required wage analysis
- Filing a Labor Condition Application (LCA)
- Filing an H-1B petition with USCIS
The process begins with an analysis of the required wage and then submission of the Labor Condition Application (LCA) to the US Department of Labor (DOL). Once the LCA has been certified, ISSS prepares the H-1B petition for filing with the United States Citizenship and Immigration Services (USCIS).
Upon submitting a complete request related to an H-1B employee—including the initial request, extensions, and other employment changes, ISSS will complete the initial comprehensive case analysis within 5-10 business days, with detailed information about DOL and USCIS government processes to follow. Government processing times vary per agency.
Maintaining H-1B Status
H-1B scholars have a number of immigration responsibilities, including reporting any changes in their employment, keeping their local address updated with USCIS, and more. For information, please visit ISSS' Maintenance of International Scholar Status page.