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H-1B Visa Status for Specialty Occupation Workers

H-1B status allows U.S. employers to hire a qualifying foreign national (known as the H-1B beneficiary) temporarily in a certain type of employment position known as a specialty occupation.

A foreign national cannot apply for H-1B status alone. The employer is responsible for petitioning the U.S. Citizenship and Immigration Services (USCIS) to obtain permission to hire the foreign national to fill a particular position. The employment position must require a minimum of a Bachelor’s degree. The foreign national applicant must possess at least a Bachelor’s degree or its equivalent in the field. If the specific position requires a higher degree, the foreign national applicant must possess at least that degree in order to be eligible for that employment position.

The H-1B petition process is complex, lengthy, and involves multiple government agencies. The petitioning employer is required to pay several fees associated with the H-1B petition.

The H-1B benefit for a foreign employee is a maximum of six (6) years in duration, granted in increments of up to three (3) years each. H-1B status is employer-specific and job-specific, meaning the foreign worker can only be employed at the specific employer and in the specific position that was indicated in the H-1B petition approved by USCIS.

Refer to the menus on the sidebar for more information on H-1B status.

MUSC personnel looking for information on the process of sponsoring an individual in H-1B status should refer to the Horseshoe page H-1B employees for MUSC departments.


H-1B Frequently Asked Questions

An MUSC department must agree to sponsor you in H-1B status and hire you in a qualifying position. Please discuss this with the hiring MUSC department. The hiring MUSC department can email the Center for Global Health with any questions.

The H-1B petition process is lengthy and complex and involves several different filings with multiple government agencies. The entire process typically takes several months. To start the process, the hiring department must submit an H-1B request to the Center for Global Health. We recommend that hiring MUSC departments submit H-1B requests at least eight months in advance of the target start date.

Yes. There is an annual cap to the number of H-1B petitions accepted by the U.S. government. However, certain organizations, such as higher education institutions, are "cap-exempt" and are not subject to the annual H-1B numerical limits. MUSC is a cap-exempt institution.

The specific USCIS H-1B petition fees vary, depending on the type of petition. The H-1B I-129 filing fee ($460) is required for each H-1B petition. The H-1B fraud fee ($500) is required for new H-1B petitions, which include consular process, change of status, and change of employer. The premium processing fee ($2805) is an optional fee for expedited processing. These fees are set by the U.S. government and subject to change at any time.

If you change your U.S. residential (home) address during your time in the United States in H-1B status, you must notify USCIS by completing USCIS Form AR-11 within 10 days. You can submit change of address form online if you have a USCIS online account.

H-1B status is employer and job specific. If there will be changes to your position at MUSC, please email the Center for Global Health to discuss the potential changes. Depending on the nature of the proposed changes, MUSC may need to file an amended H-1B petition before the changes can take place.

You can accept employment at another employer, as long as the new employer files an H-1B petition to sponsor you. Refer to the H-1B Change of Employer page for more details.

Yes, you can travel outside of the United States during your time in H-1B status. You will need a valid passport, valid H-1B visa, and valid H-1B approval notice in order to request re-entry into the United States. Refer to the H-1B Travel page for more details.

You are not required to obtain a new H-1B passport visa in order to remain in the United States in valid H-1B status, as long as you have a valid passport, valid I-94 record, and valid Form I-797 H-1B approval notice. However, if you want to travel outside of the U.S., then you will need to apply for a new H-1B visa at a U.S. embassy or consulate abroad in order to return to the U.S. in H-1B status.

H-4 spouses are not permitted to work, unless they have received an EAD card from USCIS based on a pending permanent residency application.

Your hiring department must make the decision to sponsor your permanent residency (aka green card) application. If your hiring department is interested in sponsoring you for permanent residency, your business manager must email the Center for Global Health to inquire about the process.