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.