H1B Visa Status: Information for Host Departments
Procedures
The H-1B Temporary Worker visa allows foreign nationals to work in the United States in specialty occupations for a period of up to six years. Each application can be made for a period up to 3 years. (Note: Recent changes in the law allow for 1 year extensions beyond the 6-year maximum, but only for those for whom an employer-based immigrant petition has been filed more than a year previous.) The application must be filed by Cornell; an individual cannot gain an H-1B visa on his own. There are multiple stages (and agencies) involved in the application process. The steps are summarized below:
- STEP 1: Department paperwork compiled.
Prevailing Wage Request form faxed to NY State Dept. of Labor (DOL).
ApplicantŐs materials are collected by hiring department. When NY DOL
responds, entire application packet is submitted to the ISSO.
- STEP 2: ISSO completes and submits application forms for Federal
Department of Labor (LCA) and Bureau of Immigration and Citizenship Services
(BCIS) approval. ISSO requires at least one business week for processing.
During heavy periods, ISSO processing time may exceed this.
- STEP 3: When case is approved by BCIS, ISSO notifies the applicant and department of approval.
PLEASE NOTE that we cannot guarantee that the H1B petition will be approved by any specific date. We can only provide estimates of the timing involved, based on recent trends. We recommend that the application be made as far in advance of the proposed start date as possible. H1B petitions may be filed up to six (6) months in advance of a proposed H1B start date, but not earlier.
Qualifications:
Must be a professional position which requires specialized training. Cornell will file H-1B petitions only for academic positions. In almost all cases, these positions require a Ph.D. degree. See ISSO list "Approved Academic Titles".
Cornell Policy:
Cornell will file H-1B petitions only for academic positions. In almost all cases, these positions require a Ph.D. degree. See ISSO list "Approved Academic Titles." In rare cases, Cornell may waive this policy for H-1B workers. If you would like to apply for a waiver for an H-1B temporary worker, you may find details about the process for requesting a waiver by clicking here.
Expedited Processing Option:
USCIS has now instituted a system by which applications for H1B status can be expedited. The fee for the service is $1000, on top of the normal filing fee for an I-129 (currently $320). There are a few things to be aware of. First, the expedite service ONLY covers the USCIS processing time. It does not provide any mechanism for expediting the NY Department of Labor Prevailing Wage Request, or the Federal Department of Labor LCA. An approved LCA is required before submission of the H1B petition can be made to USCIS. Second, the expedite service only promises a response to the petition within 15 days. If, for some reason, USCIS decides that more information is required, a "request for evidence" (RFE) will constitute their response. In other words, an approval is not guaranteed within 15 days - just a response. If an RFE is generated, the 15-day clock begins again when USCIS receives the requested additional evidence. Even with these limitations, the expedite service can cut filing times considerably.
Transferability:
An approved H-1B petition is not transferable between employers. If an applicant decides to change employers, he/she must begin the entire process again. However, an applicant who is already in H1B status may begin working at the new employer as soon as the new H1B application is received by USCIS. Final USCIS approval is not required for the employment to begin, but only the issuance of the USCIS receipt notice.
Recommendations:
It is recommended that F-1 or J-1 students apply for practical training before completion of their course of study. If the employment will continue beyond the practical training period, the employer may file an H-1B petition on behalf of the employee. The services of an experienced immigration attorney are recommended unless the employer is familiar with this process.
Other Aspects of H1B Visa Status:
Dependents:
Dependents of H-1B visa holders are on an H-4 visa and are NOT authorized to accept employment. H-4 visa holders may apply to change their visa status to H-1B if they find an employer who is willing to file a petition on their behalf.
Travel and Re-entry:
When traveling to any country other than Canada or Mexico, H-1 Temporary Workers will need a valid visa stamp in their passport to re-enter the United States. Those who changed their immigration status to H-1 since entering the United States and have not yet traveled abroad will need to apply for an H-1 visa stamp in their passport in order to re-enter the United States. Others may have an expired H-1 visa in their passport and will need to have the H-1 visa stamp renewed. Also, be sure to keep in mind the many challenges of applying for a visa stamp.
To obtain H-1 application packets for a Cornell appointment, go to this page.