H-1B Status and Employment Visa is for foreign nationals who come to the U.S. to work temporarily in specialty occupations. Specialty occupations require the theoretical and practical application of highly specialized knowledge as well as attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry to the position.
Because the H-1B status is employer specific, the H-1B holder may only work for the employer that petitioned the U.S. Citizenship and Immigration Services (USCIS) for their H-1B status. H-1B status may be held for a maximum of six years; however, the maximum time per H-1B application is three years.
Obtaining H-1B Status
H-1B status is obtained through the Texas A&M University System member for whom the employee will be working. The hiring department will initiate the request to obtain the H-1B with Engineering Human Resources & Payroll by emailing engineeringhrvisitors@tamu.edu. Engineering Immigration Services works with Faculty Immigration Affairs through their case management system, Tracker:
- Through Tracker, Engineering Immigration Services will send employers a packet of documents needed to prepare an H-1B petition and create the federally required compliance files.
- Employers will need to complete the forms, have them signed and then return them to engineeringhrvisitors@tamu.edu for uploading to the employee's Tracker record.
- Immigration Affairs also sends the employee a questionnaire to complete. Based on their answers, a list of the required documentation is then provided directly to the employee.
H-1B status is generally reserved for permanent faculty, staff, and professional researcher positions, i.e., long term appointments. More detailed information on exceptions to 6-year rule, timelines, duration of H-1B visas and associated filing fees, can be found on the Faculty Affairs website.