What is an H-1B Visa?
· An H-1B visa is a nonimmigrant visa available for specialty occupations requiring a minimum of a Bachelor’s degree.
· H-1B visa holders are only eligible to enter the United States up to 10 days prior to their start of employment date at UW.
Can an H-1B visa holder from another institution transfer to the University of Wyoming?
· Yes, However, UW must petition for a change of employer to the Bureau of Citizenship and Immigration Services (BCIS), formerly the INS. This procedure is the same as if UW was applying for a new H-1B application. This process has to be accomplished before the H-1B begins actual employment at UW.
Can an H-1B holder working in one UW department transfer between departments?
· It depends. Since the H-1B is job specific and changing departments may imply a change in jobs, consultation with International Services, Knight Hall, Room 241, is required prior to the transfer from one department to another.
Can an H-1B holder working at UW change job duties?
· As above, it depends. Since the H-1B visa is job specific and changing job duties implies a change in jobs, consultation with International Services, Knight Hall, Room 241, is required prior to any job change.
Can an H-1B holder working at the University of Wyoming change his/her hours of employment?
· No. The H-1B petition is submitted to the BCIS with a specific number of hours for employment and, therefore, any change in the hours will have the effect of voiding the visa.
How can changes be made to an H-1B visa already obtained from the BCIS?
· An amendment to the original petition must be sent to the BCIS stating the changes. This procedure is the same as if the University of Wyoming was applying for a new application.
How long can a non-immigrant hold H-1B status?
· The total duration of an H-1B visa is for six years. It can be obtained in increments of up to three years at a time.
· To extend an H-1B visa, the process must begin six months prior to the expiration of the current visa. Departments and visa holders should contact International Services for assistance with this process.
Can an H-1B visa holder work during the extension request?
· Yes, the H-1B visa holder awaiting the outcome of an extension pending with the BCIS, may work up to 240 days.
What is an H4 visa?
· The H4 visa is a dependent visa that is issued to accompanying family members of an H-1B visa holder.
· H4 visa holders may not be employed while in the United States.
· If the principal H-1B visa holder changes his/her status a similar change in the status of the H-4 visa should occur. The H-4 visa is a derivative of the H-1B so any change in status to the latter should cause a change in the former classification.
· Any extension of the H4 visa should be filed at the same time an extension for the H-1B visa is filed with the BCIS.
When can a H-1B visa holder change his/her status?
· Anytime before the visa expiration date.
Are UW Departments required to post a Labor Condition Application (LCA)?
· Yes, the Departments are required to post the LCA for 10 consecutive days to permit any U.S. worker within the Department who has the same job title the opportunity to receive information about the position.
What is the responsibility of the Department to the H-1B visa holder if they are terminated from their position prior to expiration of their visa?
· If the department dismisses the employee prior to the end of their authorized period of H-1B employment, your Department will be responsible for paying the “reasonable costs” of return transportation of the employee to the employee’s last place of foreign residence.
· The exception to the above is when the H-1B visa holder voluntarily terminates employment with the Department.
What is the responsibility of the University of Wyoming once the H-1B visa holder terminates his or her employment?
· The BCIS requires the employer to immediately notify it’s Service Center once the H-1B visa holder terminates his or her employment. International Services must be notified of all terminations immediately so it can fulfill this requirement on behalf of UW.
H-1B Options
__ New Faculty & Staff Coming from Outside the United States
__ H-1B Non-Immigrant Visa Holder Transferring from Another University in the United
States.
__ Extension of a Current H-1B Visa at the University of Wyoming
__ H-1B Applicant Currently Holds Another Visa in the United States
For more information on the H-1B visa please do not hesitate to contact International Student Services, Knight Hall, Room 241, 307-766-5193 or at uwglobal@uwyo.edu