The H-1B nonimmigrant visa is used to employ a foreign national as a temporary worker in a specialty occupation. A specialty occupation is defined by the Immigration and Nationality Act as an occupation which requires the theoretical and practical application of a body of specialized knowledge requiring at least a baccalaureate degree or equivalent for entry into the occupation.

Highlights of the H-1B Classification

• Performs professional services in a specific position for a fixed period of time
• Used to “fill” a vacancy which has been advertised
• Employment authorization may be for an initial period of up to three years depending on the initial period of appointment
• Extensions of employment may be authorized up to a maximum of six years
• Employment is permitted only with the institution who petitioned for the H-1B classification
• Individuals may receive approval from USCIS to work in H-1B status for more than one employer (each employer must file a petition)
• Form I-797 authorizes employment. The EAD (Employment Authorization Document) is not required.
• H-4 dependents are not authorized to work (unless applying for permanent residency and issued an EAD by the USCIS)

Dates to Monitor

1. Expiration date of H-1B status (as indicated on Form I-797)
   • Extensions should be processed approximately 2 to 6 months in advance. (Use the instructions below to assist in processing an extension.)
   • If employment will end, process a separation form.
2. I-9 Form (Employment Eligibility Verification) expiration date
   • A new I-9 must be completed when the current one expires. Click here to view and/or print a blank I-9 form.

Processing Instructions

• Instructions to process a new petition for H-1B status
• Instructions to process an extension of H-1B status
• Miscellaneous Check Request Form (AS02)

For additional information, follow this link to the USCIS page on Specialty Workers (H-1B).