To qualify for this category at Ball State, the position must require:

  • at least a bachelor’s degree in a specialty as a minimal entry-level requirement
  • be professional level
The employee must meet the minimum requirements at the time of application.

 

Staff positions that require any bachelor’s degree or no degree at all do not qualify.

H-1B status may be obtained in increments of up to three years for a maximum of six years with limited exceptions.

Department Requirements

In order to apply for H-1B status, the hiring Ball State department must document:

  • the wages to be paid
  • the job responsibilities
  • the qualifications of the employee

Additionally, the department is responsible for all business related expenses for filing this petition.

Ball State departments should allow at least four months for this process. Upon approval, a notice will be sent to the Rinker Center, which will in turn notify the department.

Employment is not legal until approval is received.

Normal costs are $325 application fee and $500 visa fraud fee.

Wage Regulations

The application process involves regulations by both USCIS and the Department of Labor.

The employee must be paid the prevailing wage or the actual wage, whichever is higher.

The hiring department must also pay for the cost of the return transportation if the H-1B employee is terminated for any reason before the H1-B period has ended.

Position Regulations

The department and the H-1B visa holder must be aware that H-1B employment is allowed only for the specific Ball State department and specific job described in the application.

The H-1B visa holder is not allowed any other type of employment (including additional employment in another Ball State department, tutoring, translating, self-employment, etc.).

Any change in the approved employment may require that a new or amended application be filed with USCIS.

Prior to any change in job title, duties, responsibilities, etc., the department should contact International Student Services to determine if a new application must be filed.

Please contact Deb Goens for more information or to obtain a H1-B request form.

If you are an H-1B visa holder and wish to travel outside the United States, you need to make an appointment with Deb Goens, foreign student advisor and immigration specialist, several weeks before your scheduled travel to have your documents reviewed and to retrieve your original I-797 form, which is kept on file at International Student Services.

For entry or re-entry into the United States, the following documents are required:

  • a valid passport
  • a valid H-1B visa for more than one entry
  • an original I-797 approval notice (the original of this form is kept in your file at Rinker Center and must be returned when travel outside the United States is completed)
  • a letter from the department confirming dates of employment and salary
You should also carry your last two or three paystubs.

If you are an H-1B applicant already in the United States and wish to bring a spouse and children, then you must submit form I-539 and accompanying documents, along with the application for H-1B status.

If you are outside of the United States, dependents only need to accompany the H-1B applicant when applying for a visa at the embassy or consulate.

Employment for Dependents

In general, dependents are not allowed to be employed.

In order to work, they will need to change to another visa status prior to beginning any employment.

However, certain H-4 spouses who seek lawful permanent residence status are now eligible to apply for employment permission.