The H-1B is a non-immigrant status used to bring foreign nationals to the United States temporarily to employ them in positions that require specialized training or knowledge. To qualify for this category, the position must require at least a Bachelor’s degree in a specific specialty as a minimal entry-level requirement and the employee must meet the minimum requirement at the time of application. Staff positions which 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.At minimum, H-1B positions must require a bachelor's degree or higher and must be categorized as professional level. H-1B visas can be requested for a period of up to three years initially, with a total duration of six years. In order to apply for H-1B status, the hiring BSU department must document the wages to be paid, the job responsibilities and 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 RCIP that will then in turn notify the department. Employment is not legal until approval is received. Normal costs are $325 application fee and $500 visa fraud fee.
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.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/amended application be filed with USCIS. Prior to any change in job title, duties, responsibilities, etc. the department should contact International Services to determine if a new application must be filed.
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