H1B Specialty Occupations
The H-1B is a classification for individuals who are identified as highly skilled workers with a minimum of a bachelor’s degree or higher in a specialized field of knowledge relevant to the position. H-1B status is appropriate for both tenure and non–tenure track appointments.
- Length of stay: Up to six years, but the employer can petition for no more than three years at one time. Extensions beyond six years are allowed in a limited number of cases, including when the permanent residency petition (“green card”) has been pending for over 365 days and when the H-1B employee has spent time outside of the United States during the period of H1B employment.
- Restrictions:
- Previous J-1 status may subject individuals to the Two-Year Home Country Physical Presence Requirement 212(e). (See J-1 Scholars.) Those subject to this requirement would either need to return home and complete the two-year home residency or successfully apply for a waiver recommendation from the U.S. Department of State.
- A minimum salary is required. The minimum acceptable salary will be determined by the U.S. Department of Labor through the prevailing wage determination:
- The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Effective January 4, 2010, employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center, or by accessing other legitimate sources of information such as the Online Wage Library, available for use in some programs.
- International employees sponsored by Bard on an H-1B visa be employed and paid only by Bard College. Researchers with overseas or outside funding must visit on a J-1 visa.
- Transfer of H-1B and concurrent H-1Bs are possible; however, a separate H-1B petition must be filed before employment with any new or second employer can begin. The portability rules would apply, allowing the H-1B employee to begin work with the new or second employer once the receipt notice for the second position is obtained from the USCIS.
To initiate this request, the sponsoring division / department should email the documentation listed below to [email protected], using subject line "H-1B Request: (insert employee’s name)." The department and employee have an active role in providing information required to initiate this visa process.
- Completed H-1B Employer Checklist (available to download below)
- Copy of job description/posting
- Copy of job posting advertisements (if applicable)
Contact [email protected] with any additional questions.