H-1B Employment

H-1B status is a non-immigrant classification used by NDSU to employ a foreign national (called beneficiary) in specialty occupations. H-1B status is employer-specific, meaning that the beneficiary can only work for an employer who submitted an H-1B petition (Form I-129) on the beneficiary's behalf. The beneficiary cannot receive pay from any outside sources, such as from consulting projects.

To learn more about H-1B status, visit: Understanding H-1B Requirements

Common Uses

• Tenure-track faculty
• Post-doctoral researchers
• Permanent lecturers
• Other permanent, specialized positions

Conditions

• Job position to be filled by beneficiary must be a specialty occupation that requires a specialized bachelor's degree at minimum
• 6-year limit for use of H-1B status
• Beneficiary's salary must meet prevailing wage for the occupation in this region
• Preparation and USCIS processing of an H-1B petition (Form I-129) can take, on average, 5+ months (but see "premium processing" option below)
• NDSU hiring department must pay $460 filing fee and $500 fraud fee (latter fee applies for new employment only).
  • $2,500 "premium processing" option available from USCIS
    
    • Guarantees a 15 business-day response from USCIS (approval, denial, or request for evidence)
    • Can be paid by FN or hiring department, depending on the circumstances surrounding the need to expedite the petition
• Generally, H-4 dependents can study but cannot work. However, in limited circumstances, certain H-4 spouses can work with employment authorization from USCIS.
  • Please see "H-4 Employment Authorization" under the forms section for more information
  • To learn more you can also visit Employment Authorization for Certain H-4 Spouses

Process

• Hiring department contacts Faculty Immigration Services
• Faculty Immigration Services coordinates necessary steps to submit H-1B petition (Form I-129) to USCIS
• Upon approval of petition, an immigration document (I-797 Approval Notice) is issued by USCIS
• If beneficiary is outside the U.S., an entry visa typically must be obtained from a U.S. Consulate or Embassy abroad

Forms