CSULB will support H-1B status for a job candidate who has been offered a tenure/tenure-track position as a faculty member.
The H-1B nonimmigrant status permits temporary employment in specialty occupations. An H-1B employee must have professional skills and a university degree (at minimum, a bachelor’s degree) in the same or similar field as the job offered. Under current regulations, H-1B status is granted for an initial period of three years, and a three-year extension is possible for a maximum duration of six years. The H-1B petition is employer-specific.
Dependents of H-1B holders are eligible for H-4 status.
H-1B Petition at CSULB
All requests for H-1B status at CSULB must be initiated by Faculty Affairs by contacting Jessica Petrovic at email@example.com.
- After offering a position to a prospective international applicant, the Office of Faculty Affairs contacts the Office of International Students and Scholars to start the H-1B petition.
- The international faculty member must submit a completed H-1B Biographical Information Form (PDF) to the Office of International Students and Scholars.
- The Office of International Students and Scholars will submit the Labor Condition Application (LCA) from the U.S. Department of Labor. Within 30 days of the LCA submission, the U.S. Department of Labor will send a certified LCA to the Office of International Students and Scholars.
- After receiving the certified LCA, the Office of International Students and Scholars prepares and submits the H-1B petition to the United States Citizenship and Immigration Services (USCIS).
- When USCIS approves the H-1B petition:
- If the employee is not in the U.S., the Office of International Students and Scholars will send the approval notice to the international faculty member to obtain the H-1B visa stamp to enter the U.S.
- H-1B employees extending their CSULB employment may remain working at the university while waiting for USCIS approval if the extension request was submitted to USCIS before the expiration of their current H-1B. If the extension request was received by USCIS before the current H-1B expired, the H-1B status holder is granted a 240-day grace period to continue living and working in the U.S. while the petition is pending.
- H-1B employees who are changing employers to CSULB are only eligible for CSULB payroll when USCIS receives the H-1B change of employer petition.
- International faculty members changing to H-1B status from a different status (F-1, J-1, TN, etc.) may begin working in H-1B status when the Notice of Approval has been received from USCIS.
Per the Department of Labor regulations, all fees associated with filing the H-1B petition are the sole responsibility of each hiring department.
- I-129 Form Filing Fee: $460
- Fraud Prevention and Detection Fee: $500
- Premium Processing (optional): $2,500
Fees are subject to change and are dependent on a case-by-case basis.
All H-1B employees are responsible to become familiar with the immigration requirements related to their status.
- Passport Validity: Keep a valid passport for six months beyond the duration of your H-1B status. Review your I-797 approval notice for dates.
- Address Notification: Report a change of address within 10 days of your move. To report a change of address, you must:
- File Form AR-11 located on the USCIS website
- Contact Human Resources to update your personal information
- I-94 Expiration: Do not remain in the U.S. beyond the expiration of your I-94.
- Employment: Do not accept employment other than the employment approved under your H-1B petition.
- H-1B Extensions: For an H-1B extension, contact the International Students and Scholars office six months before your H-1B expiration date.
- Notification of Job Changes: Your department should notify the Office of International Students and Scholars of any material changes in your employment, including a change of department, job duties, hours, title, and work location.
H-4 status is available for spouses and/or children of H-1B beneficiaries. H-4 status for children expires when the child reaches 21 years of age.
- H-4 status holders may remain in the U.S. until the end date on their last I-94 card.
- H-4 status is contingent upon the validity of the H-1B beneficiary. For those H-4 dependents residing in the U.S. whose status is expiring, they must file Form I-539 concurrently with the main beneficiary. If the H-4 dependent is abroad, they must apply for the H-4 visa stamp using the documents of the main beneficiary.
- H-4 dependents are permitted to study in the U.S., but are not authorized to work.
- Filing for the H-4 is the responsibility of the H-1B beneficiary.
To re-enter the U.S. in H-1B status and continue employment, you will need the following documents:
- Passport valid for six months beyond the duration of your H-1B status.
- Original I-797 Approval Notice
- Copies of forms I-129 (contact the Office of International Students and Scholars if you do not have a copy)
- Copy of the Certified Labor Condition Application (contact the Office of International Students and Scholars if you do not have a copy)
- H-1B valid visa stamp (not necessary for Canadian citizens). If your visa has expired or if you changed status to H-1B within the U.S., remember that before you can return to the U.S., you will need to schedule an appointment at the U.S. consulate to obtain the H-1B visa stamp.