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H-1B Frequently Asked Questions


Have they run out of H-1B visas this year? There are a limited number of H-1B visas available each year but universities are not subject to this limit, also referred to as the H-1B “cap”.

Who is eligible at WSU for H-1B status? At Washington State University, the H-1B1 immigration category can be used to employ international faculty in permanent or temporary, full-time teaching and/or research faculty positions at the Professor, Associate, Assistant Professor, Instructor/Lecturer, Assistant Research Professor, Post Doctoral Research Associate, Research Assistant, and Associate in Research levels. WSU does not usually process H-1B1 petitions at the Administrative/Professional or Classified Staff levels. Exceptions to the above are processed on a case-by-case basis and

  1. prior written approval from the department hiring authority; and
  2. prior approval and consultation with the Office of International Students and Scholars (OISS).

Note: Persons who hold, or have held, J-1 or J-2 status and are subject to the two-year home country residency requirement are not eligible for H-1B status until the two-year requirement is either fulfilled or waived.

How do I apply for H-1B status? It is the responsibility of WSU to complete all required paperwork and file the petition. As the employee, you do not actually complete or sign any immigration forms yourself. According to WSU policy, only OISS is allowed to file H-1B petitions for WSU departments and a prospective foreign national WSU employee. Outside immigration lawyers are not allowed to represent WSU in the filing of H-1B petitions.

Does the employer need to advertise the job? Immigration regulations do not require that the job be advertised as part of the H-1B petitioning process. However the employers must post two copies of the LCA for 10 business days in the workplace as part of the required process. This posting is done by employing WSU departments at the direction of OISS.

After I get H-1B status, may I accept any job? No! The work permission (H-1B status) is granted only for a specific job with a specific employer. Before starting in a new position at WSU or significantly altering a current position (salary, hours worked, job responsibilities, etc..) please consult with OISS. It may be necessary to file an amended H-1B petition..

When may I begin working? In order to be employed in H-1B status, you must have both an approved petition for WSU and be in valid H-1B status. You may not begin working until then, unless you have another status that permits employment. For this reason, F-1 students often choose to apply for practical training authorization (OPT) and use this as a bridge to H-1B employment at WSU. You do not need a job offer in order to apply for OPT. If WUS files an H-1B petition for you, please note that it must be filed AND APPROVED prior to the expiration of your OPT work authorization.

Notes: It may be possible for you to begin work immediately after WSU files a new H-1B petition if you are currently in legal H-1B standing but employed by another institution. For questions regarding transfering your approved H-1B status from another employer to WSU, please contact OISS.

If I get H-1B status, how long may I remain in the U.S.? . You may stay in the US for as long as you remain employed in the position described in the H-1B petition filed by WSU and as long as your approved petition is still valid. When filing an H-1B petition WSU requests that USCIS grant employment authorization for typically no less a year. USCIS will normally grant H-1B status for the requested period of time, but no longer than three years at a time. The maximum cumulative stay in H-1B status is six years

If my job ends earlier than expected, may I still remain in the U.S.? No! If your job ends before the end of your H-1B petition approval, WSU must report this to USCIS. You may remain in the U.S. for only ten days after the termination of your empoloyment.

What if my employer wants to give me a promotion? If there are any substantial changes in your job such as a new job title, changes in required qualifications, significant change in job duties, new location, etc, then WSU must file an H-1B amendment petition.

If I wish to change jobs at WSU, what must I do? If you wish to change jobs at WSU, a new H-1B petition must be filed, unless the new employment is substantially similar to your current position. WSU departments and scholars must consult with OISS before employing a foreign national in a new position at WSU.

Note: According to immigration law which went into effect October 17, 2000, you may begin working as soon as your new employer files the H-1B petition with the USCIS. You do not need to wait for the petition to be approved. This rule applies to scholars who are transfering to WSU in H-1B status and to those who are changing jobs at WSU. When changing STATUS to H-1B though, you must wait for the approval notice.

How long does it take to get H-1B status? The estimated processing times at the U.S. Citizenship and Immigration Services (USCIS) are 120-160 days for a standard petition. The estimated processing time at USCIS for a “premium processing” request is 21-30 days. However, before filing the petition, OISS must gather the documentation from the department and scholar to prepare the petition. This prepartation adds an undetermined amount of time to the process.

How much does an H-1B petition cost? The USCIS filing fee is $320.00 plus a $500.00 anti-fraud fee for all initial and transfering H-1B cases.. There is an additional $1,000 premium processing fee for expedited petitions. WSU departments are required to pay the filing fee, the fraud fee and, depending on circumstances, the expedited processing fee. The USCIS filing fee for change/extension of status for dependents is $300.00 regardless of the number of dependents. This dependent fee is typically paid by the scholar.

What is Premium Processing? USCIS offers an expedited service for certain employment-based petitions including the H-IB. Once an expedited petition is submitted to the service center, the USCIS guarantees a response within 15 calendar days. The USCIS fee for premium processing is $1000.

What about my dependents? If you have been granted H-1B status, your spouse and children (under 21) will normally be eligible for H-4 status. If you and your dependents are in the U.S. in legal status and WSU is requesting that your status be changed to H-1B, your dependents may apply for a change to H-4 status. Your spouse and child should complete and sign Form I-539 and submit it with the WSU petition. The I-539 should be signed by your primary dependent and not by you, unless the oldest dependent is a minor child. If your dependents are outside the U.S., WSU does not need to include any information about them in the petition. After the petition has been approved, they may apply for H-4 visas at a U.S. Consulate. In addition to the items mentioned above for an H-1B application, they should present a marriage certificate (for spouse) or birth certificate (for children). Note: a person with H-4 status may not be employed in the U.S.

May I still enroll in school after I change to H-1B status? Yes. If you have H-1B status, the employment should be your primary purpose for being in the U.S. However, you may still register and/or complete a degree while you have H-1B status.

Note: You may not accept an assistantship or other student job while you have H-1B status.

What are the chances that a WSU H-1B petition will be approved? What problems could be encountered? If the position is a professional level one and the employee has a degree in a related field, the chances are excellent that the petition will be approved, although there are sometimes delays if the USCIS has questions. Potential problems include:

  • If the employee will not be earning the prevailing wage then the employer may not file the Labor Condition Application and thus may not file an H-1B petition. In this case there is no opportunity for an actual USCIS denial. The petition can not even be filed.
  • If you are currently out of status, note that you may not change to H-1B status in the U.S. and you will be required to return to your home country to apply for a visa after the H-1B petition is approved.

Is there any other kind of immigration status that I can use instead of H-1B? H-1B is the status normally required for a non-immigrant to accept temporary employment at WSU, and it may be the only one available to you after your F-1 student optional practical training expires. Additional statuses commonly used to employ scholars at WSU include.

  • F-1 students are usually eligible for 12 months of optional practical training after (and sometimes before) graduation.
  • J-1 Scholars and Students: J-1 students are sometimes eligible for 18 months of academic training or 36 months in a post-doctoral research position with permission from the sponsor. A J-1 scholar may be employed as a non-tenure track teacher or researcher position at WSU.
  • TN: (NAFTA Treaty) This status can be used by professional employees from Canada and Mexico and is similar to H-1B. However, there is no requirement for the employer to pay or to document the prevailing wage, and the application procedure is much faster than an H-1B. The occupations covered are restricted to those allowed under NAFTA. Note: Mexican nationals need to apply for the H-1B visa stamp in the passport while Canadian citizens are exempt from the visa requirement.

How should I apply for TN status, if I am a Canadian citizen? You can gain TN status by presenting yourself to the Trade NAFTA Officer at a United States Port of Entry or by applying for a change of status to TN in the US, if you currently reside in the US and are maintaining another non-immigrant status. Please refer to the OISS web site and contact an OISS advisor and your department to determine if you are eligible and forTN status and for help in obtaining this status.


Page Updated: April 2, 2008

Office of International Students and Scholars, PO Box 645110, Washington State University, Pullman WA 99164-5110, 509-335-4508, Contact Us