The H-1B program of the US Citizenship and Immigration Service (USCIS) is a mechanism for eligible employers to fulfill professional staffing needs temporarily when qualified U.S. workers are not available.
The H-1B is an employer-sponsored visa. This means that the employer has the responsibility to decide if this classification should be pursued in lieu of other alternatives. KUMC hiring managers may wish to contact the Office of International Programs for advice on which visa category would be appropriate for a given situation. An individual's H-1B authorization is specific to an employer, position, wages, and working conditions. It is not transferable. Please see the J-1 vs H-1B Comparison Chart.
The Position
Positions that may qualify for H-1B authorization must require a bachelor's degree, at minimum. A position that does not demand at least a bachelor's degree, according to standard employment guidelines, may not be filled under the H-1B program. Demonstration of the need for specific educational qualifications is part of the supporting documentation required in an H-1B petition.
Education
Applicants for H-1B authorization must meet the minimum educational requirements as stated in the job description or announcement. An individual who holds advanced degrees in areas that do not meet the minimum requirements are not eligible for H-1B authorization for that particular position. Work experience will seldom substitute for formal educational requirements.
Hours
A position need not be full-time. However, it is ultimately the USCIS who determines whether authorization for a part-time position is appropriate and desirable under a set of circumstances. Since a petition for part-time is approved for a specified number of hours per week, any change in hours of employment may violate the petition as well as the employee's immigration status. If changes are desired or necessary, please notify the Office of International Programs first. An amendment can be filed with the USCIS at that time.
Duration
The maximum USCIS authorization for H-1B status is six years. Any length of time, from 1 month to three years, per petition, may be requested, but may not exceed the period of secured funding. H-1B workers terminated for any reason prior to the expiration of the authorized period must be reimbursed for the cost of their return trip to their home country. Departments petitioning for H-1B status should take into consideration the applicants skills and work habits given this requirement.
Termination
Should it be necessary or desirable to terminate the employment of an H-1B worker, the hiring manager must notify the Office of International Programs as soon as possible by submitting a completed Termination of an H-1B Employee form. This is especially true if termination will occur prior to the authorized end date. Failure to notify the Office of International Program may leave KUMC culpable for continued compensation to the employee. Please note, in certain situations it may be possible to transfer the employee to a like position elsewhere in the institution. This determination must be documented by the Office of International prior to the transfer.
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