H-1B Status

See also H-1B Workshop

The H‑1B nonimmigrant status permits temporary employment in "Specialty Occupations." It is available for those occupations which require "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty or its equivalent..." This means that the prospective H-1B nonimmigrant employee must have professional skills, and a university degree (a minimum of a bachelors degree), in the same or a related field as the job offered.

Basic Requirements
The basic requirements for the H‑1B status are as follows:

The H-1B allows for temporary employment. It is permissible for the employer and the nonimmigrant employee to be considering the possibility of permanent employment in the future and to be planning to apply in the future for an immigrant visa for the nonimmigrant employee.
The position offered must require the skills and services of a professional and the worker must have the professional credentials to fill it. The minimum educational level acceptable for H-1B status is a bachelors degree in the field of the proposed employment. The nonimmigrant employee must have the required degree, or its equivalent, to receive H-1B approval.
There must be an "employer-employee" relationship (i.e. the employer must pay a regular salary to the nonimmigrant).
The employer must pay, and be able to verify that the employee will be paid the prevailing wage, or the actual wage (whichever is higher), the given position in the geographic area of the employment, and receive the standard employee benefits offered by the employer.
The employer must declare that there are no strikes, lockouts or work stoppages in the course of a labor dispute in the occupation in which the H-1B nonimmigrant will be employed.
The employer must agree to pay for return transportation home for the H‑1B employee if his/her employment is terminated is before his/her authorized H‑1B status expires.

The H‑1B is employer specific, position specific, and location specific. A worker who has approved H‑1B employment through one employer cannot work for another employer for any amount of time unless the second employer has completed the H-1B petition process described above, and has received --- depending on the case --- either a USCIS receipt notice or the USCIS approval for the new employment. Employees who work without authorization are not eligible for payment and jeopardize their present and future possibilities for immigration and/or work in the U.S.

H-1B Petitions at UC Berkeley
All requests for H-1B status based on a position at the University of California at Berkeley must go through Berkeley International Office and the decision to proceed is dependent on the interest of the University. In addition, most of the University's efforts are directed to academic, rather than non-academic, positions.

If your academic department is interested in pursuing an H-1B petition on your behalf, have your departmental administrator contact Berkeley International Office for more information. Processing of an H‑1B status request can take six months or more, so the process should be started with Berkeley International Office at least six months in advance. See also our H-1B Procedures Flow Chart


	The H-1B Temporary Worker
Home Students Prospective Students New Students Current Students Exchange Students Practical Training Students Summer Students Returning Students Professors & Researchers Prospective J-1 H-1B TN O-1 Permanent Residents B-1/B-2 Visa Waiver Family UCB Departments J-1 H-1B TN O-1 Permanent Residents B-1/B-2 Visa Waiver Living at Berkeley Transportation Housing Money Health & Safety Legal Resources Cultural Adjustment Travel & Visas Programs & Workshops Calendar Resource Links About Berkeley International Office Staff Contact US	See also H-1B Workshop The H‑1B nonimmigrant status permits temporary employment in "Specialty Occupations." It is available for those occupations which require "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty or its equivalent..." This means that the prospective H-1B nonimmigrant employee must have professional skills, and a university degree (a minimum of a bachelors degree), in the same or a related field as the job offered. Basic Requirements The basic requirements for the H‑1B status are as follows: The H-1B allows for temporary employment. It is permissible for the employer and the nonimmigrant employee to be considering the possibility of permanent employment in the future and to be planning to apply in the future for an immigrant visa for the nonimmigrant employee. The position offered must require the skills and services of a professional and the worker must have the professional credentials to fill it. The minimum educational level acceptable for H-1B status is a bachelors degree in the field of the proposed employment. The nonimmigrant employee must have the required degree, or its equivalent, to receive H-1B approval. There must be an "employer-employee" relationship (i.e. the employer must pay a regular salary to the nonimmigrant). The employer must pay, and be able to verify that the employee will be paid the prevailing wage, or the actual wage (whichever is higher), the given position in the geographic area of the employment, and receive the standard employee benefits offered by the employer. The employer must declare that there are no strikes, lockouts or work stoppages in the course of a labor dispute in the occupation in which the H-1B nonimmigrant will be employed. The employer must agree to pay for return transportation home for the H‑1B employee if his/her employment is terminated is before his/her authorized H‑1B status expires. The H‑1B is employer specific, position specific, and location specific. A worker who has approved H‑1B employment through one employer cannot work for another employer for any amount of time unless the second employer has completed the H-1B petition process described above, and has received --- depending on the case --- either a USCIS receipt notice or the USCIS approval for the new employment. Employees who work without authorization are not eligible for payment and jeopardize their present and future possibilities for immigration and/or work in the U.S. H-1B Petitions at UC Berkeley All requests for H-1B status based on a position at the University of California at Berkeley must go through Berkeley International Office and the decision to proceed is dependent on the interest of the University. In addition, most of the University's efforts are directed to academic, rather than non-academic, positions. If your academic department is interested in pursuing an H-1B petition on your behalf, have your departmental administrator contact Berkeley International Office for more information. Processing of an H‑1B status request can take six months or more, so the process should be started with Berkeley International Office at least six months in advance. See also our H-1B Procedures Flow Chart