H-1B Scholars

USCIS (United States Citizenship and Immigration Service) defines an H-1B occupation as a “specialty occupation” that requires the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

H-1B scholars must:

• Have a bachelor's degree or higher;
• Demonstrate the required education, certification, and/or experience related to the specialty occupation;
• Not be subject to any bar that would prevent the acquisition of H-1B status;
• Provide the sponsoring department and ISSS with all required documentation for the H-1B petition in a timely fashion; and
• Maintain status by complying with the terms of the employment.

General Maximum Participation Limits

In general, scholars can spend a maximum of six years in H-1 B status in the U.S.

• Time spent in any other H category (except H-4) or in L status (except L-2) is deducted from the available H-1B period of stay.

Scholars who have been in H-1B status for the maximum of 6 years are generally not eligible for more H-1B status until they have resided and been physically present outside the U.S. for one year, at which point the six-year eligibility clock "restarts" and the scholar is eligible for a new period of H-1B stay.

• Brief trips back to the U.S. in a status other than H or L are permitted, but do not count towards fulfillment of the required time abroad.

If applicable, contact ISSS to discuss exceptions related to seasonal, intermittent, or commuter employment, AC21 106(2) or AC21 104(c).

Study in H-1B Status

Scholars are eligible to engage in study that is incidental to the H-1B employment.

Travel in H-1B Status

If your visa status has changed to H-1B from another status (e.g. F-1 or J-1), please note that only your status has changed. If you travel outside the U.S. after the change of status to H-1B, you must apply for and be granted an H-1B visa at a U.S .embassy in order to re-enter the country as an H-1B specialty occupation worker.

To re-enter the U.S. after international travel, be prepared to show the following at the U.S. port of entry:

• H-1B approval notice
• H-1B valid visa
  • Unless traveling under automatic visa revalidation provision
    • You must check the entry requirements of your country of destination. ISSS can only advise on U.S. entry and immigration Rules.
• Passport at the port of entry
  • Your passport must be valid for 6 months beyond the end date of your H-1B approval notice unless your country is on the “Six Month Club” list. If it is, your passport must be valid only until your H-1B approval end date.

Review your I-94 arrival record every time your re-enter the U.S. to confirm that your entry was recorded properly as Customs and Border Protection sometimes makes mistakes that require correction.