This page is for Cornell administrators. H-1B faculty and staff: Please visit the H-1B section of our Visa Basics page for scholars to learn more about your visa type.
H-1B temporary workers are eligible for professional positions that require specialized training. The H-1B temporary worker visa allows foreign nationals to work in the United States in specialty occupations for a period of up to six years.
Each application can be made for a period of up to three years. Extensions are possible if Cornell has filed an employment-based permanent petition before the end of the fifth year of a temporary worker’s H-1B status.
The application must be filed by the employer; the worker cannot file the application.
Remote work is only possible if the H-1B petition has been filed for that specific remote location. Changes in employment, including changes in salary, job location, title, and job duties or responsibilities, may require an H-1B amendment. Contact International Services before approving any change in employment.
Cornell will file H-1B petitions only for academic positions. In most cases, these positions require a PhD. Refer to the policy and list of approved academic titles.
The hiring unit assembles and submits the H-1B department application materials. The H-1B applicant is then prompted to submit their portion of the application materials.
When all application materials are received, International Services determines the H-1B prevailing wage, based on the U.S. Department of Labor regulations and the hiring unit’s Actual Wage statement (submitted with the application materials). If necessary, we submit a prevailing wage request to the Department of Labor. Once the actual or prevailing wage has been determined, we submit a labor condition application (LCA) to the Department of Labor. If the LCA is approved by the DOL, we submit the H-1B petition to U.S. Citizenship and Immigration Services (USCIS).
USCIS reviews the case. When the case is approved, we will notify you (the hiring unit) and the applicant. This part of the process may take two to six months, depending on current federal processing times and whether a premium processing fee is paid.
Please note that we cannot guarantee that a H-1B petition will be approved by any specific date. We can only provide estimates of the timing.
There is a premium processing option that reduces the federal government’s processing time for H-1B visas. This option requires payment of the premium processing fee and guarantees a response within 15 business days of the petition being received by the federal government. This fee is in addition to the filing fee.
Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) determine whether a license is required from the U.S. Department of Commerce or the U.S. Department of State to allow an international employee access to controlled technology or technical data.
When the applicant is changing from another visa status to H-1B, he or she may not begin employment until an H-1B approval notice has been received from U.S. Citizenship and Immigration Services.
The applicant may not travel outside the United States until the H-1B is approved. In some cases, applicants may wish to pay for premium processing if immediate travel is necessary.
If an applicant lives outside the U.S. or has international travel plans that cannot be changed, the petition can be filed for consular processing. This option requires the worker to obtain an H-1B visa stamp (Canadians exempt) and enter or reenter the U.S. in H-1B status. Consular-processed petitions are subject to an additional $100,000 fee.
If you are seeking to hire someone who lives outside the U.S. or has international travel plans that cannot be changed, please contact us as soon as possible to discuss fee payment, the “extraordinarily rare” national interest exemption, and other visa options.
Applications for H-1B extensions have the same application requirements as new H-1B petitions.
The portability provision enables an H-1B worker already in the United States to change to a different job while preserving his/her legal status.
H-1Bs may have more than one H-1B petition active—in other words, more than one H-1B employer. Each employer files its own H-1B specific to the job and duties the H-1B temporary worker will have at that place of employment.
Please let International Services know if your temporary worker has an H-1B somewhere besides Cornell, if the additional H-1B is concurrent with the Cornell position.
The office now called USCIS stated: "H-1B workers are permitted to make occasional lectures at other institutions, but they may not receive compensation for these activities. H-1B workers may be reimbursed for expenses incurred in connection with travel to other institutions or conferences. This is not considered employment, as long as the payments are truly reimbursements and not disguised as compensation." (Interpreter Releases, No. 658, 1994)
Leaving the U.S. during the H-1B filing process may subject the applicant's petition to an additional $100,000 fee. Review the Current Travel Advisory for more information. Applicants must contact us as soon as possible if they have international travel plans and an H-1B request has been or will be submitted on their behalf in the near future.
When traveling outside the United States, H-1B temporary workers will need a valid visa stamp in their passport to reenter the United States.
An H-1B employee's spouse and children under 21 may be eligible for H-4 status.
H-1B regulations prohibit the practice known as benching.
Next Up: Sponsor O-1 Extraordinary Ability
