The H1B visa specialty occupation is a classification for individuals who are identified as highly skilled workers with a minimum of a bachelor’s degree or higher in the relevant field of study and occupation. H1B status allows dual intent, and is appropriate for both tenure and non–tenure track appointments.
H1Bs must be initiated by the College. If you are an international hire and your appointment qualifies you for an H1B visa, you will be connected with our office to begin the process of securing your visa. The College uses an outside immigration attorney to file the H1B petition. The Office of International Student and Scholar Services will serve as a liaison between you, the College, and the immigration attorney.
Length of stay: Up to three years, with the option of an additional three-year extension. Additional 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 H1B employee has spent time outside of the United States during the period of H1B employment.
Restrictions:
Previous J1 status may subject individuals to the Two-Year Home Residency Requirement 212(e). 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 H1B visa can only be employed and paid by Bard College. Researchers with overseas or outside funding must visit on a J1 research visa.
Transfer of H1B and concurrent H1Bs is possible; however, a separate H1B application must be filed before employment with any new or second employer can begin. The portability rules would apply, allowing the H1B employee to begin work with the new or second employer once the receipt notice for the second position is obtained from the USCIS.