The H-1B temporary worker visa is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation. A "specialty occupation" requires theoretical and practical application of a body of specialized knowledge along with a minimum of a bachelor's degree. Positions such as a research scientist, post-doctoral fellow, and instructor or professor in fields such as engineering, mathematics, management, physical science, and computer science are all examples of jobs qualifying for H-1B status.
There is a limit to the number of aliens who may be issued an H-1B visa or otherwise be granted H-1B status. However, as an educational institution, WPI is exempt from this limit. We typically do not process H-1B applications for staff positions at WPI, but in very special situations and with a recommendation from Human Resources, an exception can be made.
The H-1B process starts with an appointment at the Provost Office. Once the individual accepts the appointment, the Office of International Faculty and Scholar Services will determine the "Prevailing Wage." Once we have determined that the salary offered meets the prevailing wage requirement, we file a Labor Condition Application (LCA) with the U.S. Department of Labor. Once the LCA is approved, we post it at WPI for 10 days to notify the public of the intent to hire an H-1B worker. While the LCA is posted, we prepare and file the H-1B Petition with United States Citizenship and Immigration Services (USCIS). Processing time will vary from 2-6 months depending on whether it is a new filing or filing for extension or transfer of employer. If time is important, we have the option of filing under Premium Processing, which requires an additional fee, but will get the application processed in about 2 weeks.
Six-Year Limitation on H-1B Status
H-1B visa holders are eligible for a maximum stay of six years. The initial H-1 B period cannot exceed three years. H-1 B status allows for what is known as "dual-intent," which makes it the best status from which to apply for Permanent Residence. Other non- immigrant categories require the individual to have the intent to return to their country of residence upon completion of studies/research in the U.S. under the initial F-1 or J-1 status.
Dependents
Dependents (spouse and unmarried children under 21) of someone in H-1B status will have H-4 status. This status allows for studying, but not for any kind of employment.