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GENERAL INFORMATION FOR H-1 VISA HOLDERS

• H-1B Status
• Information for H-1B Employers
• Dependents

• H-1B Application
• Income Tax
• Social Security Number
• Change of Address

H-1B STATUS

The H-1B category is set aside for international scholars who are offered temporary employment in the United States to render services in "specialty occupations." Generally, specialty occupations are those that require at least a bachelor's degree or equivalent work experience. Cumulative duration in an H classification is 6 years.

An offer of employment is required from a U.S. employer; the employer must file the petition.

Employment is limited to the specific employer and employment specified in the petition.

International Scholars subject to 212 (e) 2-year residency requirement are not eligible for H-1B visa. Click here for 2 Year Residency Requirement Waiver Information

INFORMATION FOR H-1B EMPLOYERS

The H-1B category is set aside for international scholars who are offered temporary employment in the United States to render services in "specialty occupations." Generally, specialty occupations are those that require at least a bachelor's degree or equivalent work experience.

Basic Conditions and Requirements

1. Employment of the H-1B must be temporary, although the International Scholar may accept a standing (permanent) position.
2. The employer must first file a Request for Prevailing Wage Determination - Labor Condition Application (LCA) with the Department of Labor (DOL).
3. The H-1B holder must be qualified to fill the position.
4. There must be an employer-employee relationship (i.e., the employer must pay a regular salary or grant payments to the international scholar).
5. Dependents of the H-1B visa holder may be admitted to the US in the H-4 status. While the status permits study at elementary, secondary and university level, it does not permit H-4 holder employment.

Fees

The initial H-1B petition and any extensions must be accompanied by $320.00 filing fee.

Premium Processing

The employer or the employee may pay $1,000 fee to obtain expedited processing of the petition. These cases are adjudicated within 15 business days. If you are interested in this process, please contact ISFVS.

New or Additional Employer

1. Approved petitions only permit the H-1B holder to work for the employer who filed the petition. If the H-1B holder changes employers, the new employer must obtain approval of its own H-1B petition from the USCIS. It is possible to have a concurrent H-1B petitioners.
2. In order to seek authorization to change employers, the H-1B holder must be in lawful nonimmigrant status when the new employer files a new petition.

Portability of H-1B Status

H-1B visa holder may begin new employment as soon as the new employer files a nonfrivolous I-129 petition for new employment.

The new employer and beneficiary do not have to wait for the new petition to be approved by the USCIS for the new employment to begin. However, the H-1B visa holder must be in lawful status; engaged only in authorized work; must be on a current H-1B status.

Terms of Stay

1. H-1B regulations allow a worker to hold the H-1B status for up to six years. An employer may request up to three years on the H-1B petition, and an extension may be requested for a maximum period of three years.
2. There is an exception to the six-year limit on stay when the international scholar's U.S. stays are intermittent, seasonal, or an aggregate of less than six months a year.
3. Extension beyond Six Years is permissible for those for whom a Form I-140 Immigration Petition for Alien Worker has been filed and whose labor certification or I-140 was filed for at least 365 days before the extension is requested.
4. The six years time limit includes periods of stay for previous employers.
5. Upon completing six years, the H-1B holder must reside outside the United States for a period of one year before reentering the U.S. in the H-1B category. To qualify for an additional 6 years of H-1B time, the individual needs to be outside the U.S. for a consecutive 12 month period from the date of departure.

Extensions of Stay for H-1B Visa Holders

If you want to request an extension of stay, the following actions must be taken no later than six month prior to the expiration date shown on Form I-94:

1. An H-1B extension packet should be secured from ISFVS. Please contact the consultant assigned to your college.

Detailed instructions are included in this packet. The department head should refer to the sample letter in the H-l B extension packet and follow that format. Remember, the maximum permissible stay is six years on a H-l B (temporary worker in specialty occupation) visa.

The passport must be kept valid at all times throughout the stay.

On Going Employer Obligation

1. If the employer terminates the H-1B worker prior to the end of the H-1B petition validity period, the employer is required to pay reasonable cost of transportation abroad. This requirement does not apply to dependents of the H-1B worker. If the H-1B visa holder terminates the employment, the employer does not have to pay for the return transportation. Please contact our office for advice when meeting the return transportation obligation.
2. Provide our office with documentation when the H-1B worker's salary is updated.
3. The public inspection file is maintained in the International Scholars and Faculty Visa Services office.

DEPENDENTS

Spouse and/or children are admitted to the US on H-4 visas. Family members are admitted for the same period of time for which the H-1B visa holder has been admitted.

H-4 family members may study while remaining in the H-4 category, but MAY NOT engage in any form of employment.

When children under H-4 status turn 21, they are not considered "children" and are not eligible for the H-4 status. In order to remain in the U.S. they must change to another nonimmigrant status, such as F-1 for full time students.

H-1B APPLICATION

NOTE: AN OFFER OF EMPLOYMENT IS REQUIRED; THE INTERNATIONAL SCHOLAR MAY NOT SELF-PETITION. THE APPLICATION MUST BE SUPPORTED BY THE DEPARTMENT!

When the H-1B is the chosen status, the following steps must be taken:

• Obtain Part 1: The Labor Condition Application From ISFVS or HRR.
• Follow instructions and provide the requested information to us IN A TIMELY MANNER. Keep in mind that the process is time consuming. It can take 60 to 120 days for USCIS to adjudicate the petition. We HIGHLY recommend that you commence the process, whether a new hire or an extension, six months prior to start date or expiration of the current status.
• ISFVS will process the Prevailing Wage Request. It can take up to 6 weeks to receive a response from the Department of Labor.
• ISFVS will process the Labor Condition Application and provide the work area with the required 10 day posting notice.
• The department must complete Part II and submit it to ISFVS. ISFVS will file the petition with the United States Citizenship and Immigration Services (USCIS). Approval may take up to 120 days.
• Premium Processing is available to the department or applicant. This proces allows a response in 15 business days for a fee of $1000 to the USCIS.
• Employment at Penn State University is not permitted until we receive the Approval Notice and I-9 is completed.
• Current H-1B workers at another university may commence work at The Pennsylvanis State University, once we have filed the petition through the "portability provision."
  
  This means that the international scholar may commence employment before he or she receives the Approval Notice from the USCIS. To qualify for the portability provision the international scholar must:
  
  
  • have been previously issued an H-1B visa status
  • have been lawfully admitted into the U.S. as a nonimmigrant
  • not have engaged in employment without authorization since that admission; the new employer must file a nonfrivolous I-129 petition with USCIS.

If the international scholar is outside the USA, (except for Canada), he/she must obtain the H-1B visa at a US Consulate after we have processed the petition.

Please call our office if you need additional assistance with completing the H-1B package.

INCOME TAX

You will need a Social Security number, and you are required to pay the Social Security tax (FICA). If you have not received a Social Security number, please go to the Social Security Office at 901 University Drive (or your local SSA office) and apply for one. You should take your original Approval Notive (Form I-797), I-94 card and passport with you.

Please look at the Penn State University's Payroll Office website for general information regarding taxes. International Scholar Income Tax Information

Additional information on federal income tax obligations can be found in Internal Revenue Service publications 515, Withholding on Nonresident Aliens and Foreign Corporations, and 519, U.S. Tax Guide for Aliens. If you need help in filing your income tax returns please contact the Internal Revenue Service.

If you are departing the U.S, it is your responsibility to file tax returns. You should provide a forwarding address for W-2 and 1042S form. Tax filing form can be obtained from a U.S. Embassy abroad or from the Internal Revenue Service.

Additionally, our office provides volunteer tax assistance through Global Connections; February through April. Please check the ISFVS website January/February or call ISFVS for further information.

SOCIAL SECURITY NUMBER

In the United States, you will need to have a Social Security number. If you are located at the University Park Campus and want to obtain a Social Security card, please go to the Social Security Office, located at 901 University Drive, State College, PA, 16801 to apply for the number. You should take your original Approval Notice (I-7970, the I-94 card, and your passport. If you are at another Penn State campus, please contact the local Social Security office for additional information.

CHANGE OF ADDRESS

Under current regulations, all international scholars who stay in the U.S., including non-immigrants and legal permanent residents, who are 14 years or older, must individually report their new or change of address with the USCIS within 10 days of the change. Change of address forms can be found on the USCIS website: USCIS Form AR-11. This form is fillable online and can be filed from the USCIS site.

For additional information, esp. if your case is pending, please read the instructions from USCIS: How Do I Report a Change of Address to the USCIS?

Penalties for Failure to Comply

"A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an aliens stay in the United States. Failure to comply could also jeopardize the aliens ability to obtain a future visa or other immigration benefit."

(revised 8/2007)