International Acacdemic Programs (IAP) receives many inquiries from graduating students who are interested in having employers obtain H-1B status for them. Since it is the employer, and not the employee, who files the H-1B petition with the U.S. immigration service (USCIS), it is essential that students discuss the H-1B process directly with their prospective employers. Employers have many and varied approaches to the process: some handle it in-house, for example, having the human resources office prepare and file the petition; others hire immigration attorneys to prepare the petition; some allow employees to hire an attorney to prepare the petition to be submitted by the employer. Employers also have a variety of approaches to payment of filing fees and attorney fees: some employers pay all attorney fees and filing fees; others allow or require the employee to pay the fees. Given this wide variety of approaches, IAP is able to provide only very general information about the process and strongly encourages students to communicate early and extensively with prospective employers about how the process and payment of fees will be handled.

The information provided here is intended as very general information for Tarleton students interested in an introduction to H-1B status and processes. The information on this page does not constitute advice or legal advice. For advice, contact a qualified immigration attorney. Also, please remember that immigration regulations and processing change often, so you must verify any general information provided in this handout before you rely on it.

Q: Who is eligible for H-1B status?
A: H-1B nonimmigrant status is available for people coming into the U.S. temporarily to perform services as a professional in a specialty occupation. Those currently in the U.S. in a valid nonimmigrant status may be eligible to change status to H-1B without leaving the U.S.

Q: Is a J Exchange Visitor subject to the two-year home residence requirement eligible?
A: The two year home residence requirement must be satisfied or waived before one can change to any other status in the U.S. (other than A and G) and before one is eligible to return to the U.S. in H, L or Lawful Permanent resident status. If you are subject to this requirement, you must satisfy it or obtain a waiver of it before you can obtain H-1B status.

Q: Does it matter what kind of job I do?
A: Yes, very much. You must work in a job considered to fall into a “specialty occupation” in order to qualify for H-1B status.

Q: What is a specialty occupation?
A: U.S. Immigration Service (USCIS) regulations define specialty occupation as one that requires a “theoretical and practical application of a body of highly specialized knowledge.” The occupation must require—generally, throughout the industry (not just your employer)—a bachelor’s or higher degree (or foreign equivalent) for entry into the profession. Some occupations are well-recognized by USCIS as specialty occupations, and others are not,. Examples of specialty occupations include, but are certainly not limited to accountant, architect, systems analyst, engineer, librarian, pharmacist, researcher, and teacher.

Q: Is there a limit on how long someone may hold H-1B status?
A: A person may hold H-1B status for a cumulative maximum of six years. The status is granted in periods of up to three years (so you cannot get all 6 years at once). Changing employer