Hiring H1B Workers
The H-1B visa is an employment-based, nonimmigrant status that allows a foreign national to come to the U.S. and temporarily perform services in a specialty occupation that requires the theoretical and practical application of critical, specialized knowledge.
Initiating Sponsorship Procedures
H-1B employment is site-specific according to federal law. Therefore, H-1B professionals may only be employed by Trinity University; no other employment, on or off campus, is permitted without separate approval by U.S. Citizenship and Immigration Services (USCIS). The hiring Department and the employee each complete portions of the H-1B Request form and submit as per form instructions.
Important Immigration Forms and Links
- Form I-907: Premium Processing Fee
- Form I-129: Petition for a Nonimmigrant Worker
- AR-11: Change of Address
- I-539: Application to Extend/Change Nonimmigrant Status
- I-102: Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
- H-1B Request Form: Application for employment
Maintaining Your H-1B Status
All H-1B workers must maintain H-1B status by engaging only in activities identified on the H-1B petition, filing appropriate extensions and transfer notifications, and refraining from unauthorized employment.
To maintain your H-1B status, a scholar must:
- Maintain a valid passport during his/her stay in the U.S.
- Notify the USCIS of any change of address within 10 days of moving.
- Not remain in the U.S. past the expiration date of his/her last I-94 Form. There is no grace period for H-1B holders.
- If your employment will be extended, ask your department to do so at least three to six months in advance of the expiration of your current I-94.
Extending Your H-1B Status
If you will need to stay longer than the date shown on your I-94, ISSS can help you request permission from Immigration. Approximately eight months before the expiration of your authorized stay, a memo will be sent to your department advising anticipated expiration date. Your department must initiate the H-1B extension. Upon receipt of administrative approval to extend your H-1B status, ISSS will contact you for supporting documents and filing fees.
You are eligible to request an extension of your H-1B status if:
- you are currently in valid H-1B status
- you will remain employed in a specialty occupation at Trinity
The length of time an individual may remain in the U.S. in H-1B status is indicated on your approved Form I-797. The maximum stay for an H-1B visa, including extension, may not exceed six years. After six years, the H-1B worker must apply for a change of status or prepare to depart the U.S.