Overview
The H-1B classification is an employment status for individuals who will perform services in a specialty occupation. Specialty occupations are those that require at least a bachelor's degree. Requirements for H-1B status are as follows:
- The job must require at least a bachelor's degree in a particular specialty to perform.
- Beneficiary must have a bachelor's degree or minimum degree required for the specialty occupation.
- Individuals cannot self-petition. Iowa State University must file the H-1B petition.
The H-1B petition and approval process can take four to five months to complete. Iowa State University cannot initiate the H-1B petition process earlier than six months before the employment starting date. Individuals who have been in the United States in J-1 or J-2 status and are subject to the two-year home residency requirement must either fulfill the two-year requirement or have the requirement waived prior to petitioning for H-1B status.
All requests to file an H-1B petition are initiated by the hiring department. Scholars who are interested in obtaining H-1B status based on employment at Iowa State University should discuss this with their supervisor. The supervisor must then notify the departmental representative who prepares H-1B requests and submits them electronically to ISSO.
Length of Stay
First time H-1B applicants arriving from overseas cannot enter the U.S. more than 10 days in advance of their employment begin date. An individual can maintain H-1B status for a maximum of six years. Employers can only petition for H-1B status for three years at a time, meaning an extension petition would be necessary. When an individual reaches the six-year limit they must leave the United States and live abroad for one year before they are eligible for H-1B status again.