H-1B Visa (Temporary Worker in a Specialty Occupation)
The H-1B status is a non-immigrant immigration
classification and is used to hire a foreign national professional for a
temporary period of time. H-1B status is typically used at the UConn Health Center
for faculty, postdoctoral fellows and academic staff positions. The H-1B status is employer-specific. There must be an
employer/employee relationship with the employer filing for H-1B status on
behalf of the employee.
The most frequently asked questions pertaining to H-1B status are:
For how long can one have H-1B status?
H-1B status is initially granted for a maximum period of three years and
can be extended to a total of six years (regardless of the number of
employers.)
Who files the H-1B application on behalf of UConn Health Center?
All H-1B requests must be processed through the Office of International
Programs in Human Resources.
Is the H-1B status valid for any employment at UConn Health Center?
No. The H-1B is valid ONLY for the position stated on the H-1B petition.
The person holding H-1B status cannot accept any other employment in or
out of the UConn Health Center.
Can a person who holds H-1B status change employers?
If an individual holds H-1B status and wants to change employers, the new
employer must file a new H-1B petition. However, this must be done within
the total six-year limit. The individual cannot start working for the new
employer until INS has approved the application.
Can a person in H-1B status give the occasional lecture at an
institution other than his or her place of employment?
Persons in H-1B status may give seminars and lectures at other
institutions, if the activity is incidental to his or her employment at UConn Health Center.
However, no honorarium, wage, salary or material gain may be derived from
these activities. Reimbursement for transportation and reasonable living
expenses is permissible.
What happens if there are changes in the terms of employment after
the initial filing and approval?
If there are changes in the terms of employment (including promotions,
changes in duties, or change of departments), you must first consult with
Office of International Programs to determine whether an amended or new
petition must be filed. If an amended petition is required, it will be
necessary to initiate a new H-1B application.
Can a person have more than one H-1B petition at one time?
Yes. An individual may have multiple H-1B petitions at any one time.
However, each employer must petition for the H-1B status.
What is involved in filing an H-1B application?
There are two steps involved in acquiring H-1 B status. The first involves
the Department of Labor (DOL) and requires an attestation from UConn Health Center
that the "prevailing wage" for the particular position is being
paid. Upon receipt of an approved Labor Condition Application, the actual
H-1B application is submitted to the Immigration and Naturalization
Service (INS.) This application includes documentation about the nature of
the position and the individual's qualifications. If approved, the
individual must obtain the H-1B visa overseas or have an INS approved
change of status to H-1B.