H-1B Visa Information Overview
The H-1B visa classification is an employment status for foreign nationals who will perform services in a specialty occupation. Specialty occupations require at least a bachelor’s degree. Requirements for an H-1B visa are as follows:
- Foreign national must have a high degree of experience in the specialty occupation for which he or she is applying.
- Foreign national must have a bachelor’s degree or minimum degree required for the specialty position.
- Foreign nationals cannot self-petition. Florida Tech must file the H-1B petition.
The H-1B visa is also job and location specific; therefore, the foreign national while employed is only allowed to perform the duties that are outlined in the H-1B at the location specific in the petition.
The H-1B visa is a nonimmigrant category established by U.S. Citizenship and Immigration Services (USCIS) to employ international workers in “specialty occupations.”
Key Elements of H-1B:
Specialty Occupation: a specialty occupation is an occupation that requires 1) the theoretical and practical application of a body of highly specialized knowledge, and 2) attainment of at least a bachelor’s degree in a directly related field (or its equivalent).
Employer Specific: An offer from a specific U.S. employer is required. If an international wishes to “transfer” from one employer to another, the new employer must file an H-1B petition for that person before s/he can change jobs.
Position Specific: H-1B status is granted based on the specific terms of the specific position. Should there be changes in any of the terms of the position, an amended H-1B may be required. Please contact ISSS to discuss the new terms and to determine whether a new amended H-1B petition is required.
Compliance with DOL Labor Condition Application (LCA) regulations: DOL regulations require that Florida Tech meet or exceed a pre-determined minimum prevailing wage and that the employee be compensated with employment benefits equivalent to that of any other employee in the same position and level.
Dual Intent: The H-1B visa type carries “dual intent,” which means that the holder may intend to return to his/her home country or intend to immigrate to the United States.
Internationals subject to 212(e) two-year home residence requirement are not eligible for H-1B visa.