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. H-1B petitions are job and location specific. Remote-work is only possible if the H-1B petition has been filed for that specific remote location.
The application must be filed by the employer; the worker cannot file the application. Our website has a wealth of information for international faculty and staff.
Further extensions are possible, if Cornell has filed an employment-based permanent petition before year five of a temporary worker’s H-1B status ends.
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 an expedited 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 involved.
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 ($2,805 payable by check or money order to the Department of Homeland Security) and guarantees a response within 15 days of the petition being received by the federal government. This fee is in addition to the $460 standard fee and must be a separate check.
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 expedited processing if immediate travel is necessary.
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 the Office of Global Learning know if your temporary worker has an H-1B somewhere besides Cornell, if the additional H-1B is concurrent with the Cornell position.
In a 1994 letter, the INS Office of Adjudications (now U.S. Citizenship and Immigration Services) 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)
When traveling outside the United States, H-1B temporary workers will need a valid visa stamp in their passport to reenter the United States.
Dependents of H-1B visa holders are eligible for H-4 status.
H-1B regulations prohibit the practice known as benching.
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