H-1B Employees

H-1B is an employer-sponsored status designated for individuals coming temporarily to the US to work in a specialty occupation.

H-1B Eligibility and Sponsorship

The H-1B sponsorship is always initiated by the hiring department and the Office of International Students, Scholars & Programs (ISSP) is responsible for filing H-1B petitions for positions at William & Mary and VIMS. See H-1B sponsorship for more information.

[[ehbailey, Emily Bailey]] oversees the H-1B program for the university.

Time Limits for H-1B Status

William & Mary may sponsor an employee for H-1B status for up to six years. We can sponsor for a maximum of three years at a time.
If the employee is being sponsored by the university for permanent residency (Greencard) and the application for permanent residency is not yet approved by the time the six years are up, the employee may be eligible to receive an extension of their H-1B until the permanent residency is approved.
- The employee may be eligible for an extension of the H-1B in one-year increments if they have an Alien Labor Certification or a petition for immigrant worker (Form I-140) that has been pending for 365 days or more.
- The employee may be eligible for an extension of the H-1B in three-year increments if they have an an approved immigrant worker (Form I-140) petition.
If an employee has been in H-1B status for six years and departs the US for at least 12 consecutive months, they will be eligible for another six years of H-1B status.
The six years of H-1B status are cumulative. For example, if the employee worked for another employer in H-1B status for two years, they would only have four years of H-1B remaining for W&M.
Time spent outside the US can be "recaptured" and added on at the end for an H-1B extension.
- For example, if an employee in H-1B status spent 2 weeks visiting family abroad during winter break, a month abroad in the summer, a week at a conference abroad, they would have accumulated 7 extra weeks which could be added to the 6 years.

Monitor Immigration Documents

Keep passport and I-94 valid at all times. Check your I-94 record after every return to the U.S. If the period of admission will expire before your H-1B approval notice, contact ISSP for further guidance. This might affect how long you are allowed to work.
Keep your I-94 with you throughout your time in the US, to fulfill registration requirements with the government, and be able to prove your immigration status if needed. Your most recent I-94 may be on your I-797 Approval notice; this updates any time you leave and return to the U.S.

Travel in H-1B Status

Employees in H-1B status, will need the following documents to re-enter the US:

Most recent, unexpired I-797 approval notice (i.e., H-1B approval notice)
Valid passport
Valid H-1B visa (Canadians are visa exempt). If you do not have a valid H-1B visa, you must obtain one at a U.S. embassy or consulate abroad before you return to the US.
We also recommend that you bring:
- Proof of employment (current pay stubs or a letter from your department confirming your travel)
- A photocopy of your most recent H-1B petition/I-129 petition (provided to you when your petition was originally submitted to Immigration)

If you currently have an H-1B that has been mailed to USCIS but is pending (not yet approved) by USCIS, consult with [[ehbailey, Emily Bailey]] before you travel.

H-4 Dependents

US immigration law defines a dependent as a spouse or unmarried child younger than age 21. H-4 dependents’ status is valid only when the H-1B employee maintains their legal status and are physically in the US.

Changes in H-1B Employment

H-1B status is specific to the sponsoring employer and to the specific dates and activities as listed on the petition.
- Work only at the approved H-1B Location: H-1Bs are location specific. If the employee switch metro areas (work primarily from Richmond, Newport News, etc.), we may need to amend their H-1B in advance to add the work site. Any change in the worksite must be authorized in advance.
- Changes to employment duties, contract provision, promotions, and salary. Any material change in the terms and conditions of employment and job title will require a new H-1B petition. H-1B employees must always remain on payroll. If the employee is considering taking unpaid leave, please contact ISSP before doing so.
- Sabbaticals/Leave. If an H-1B employee plans to take a sabbatical or leave, where they will be located elsewhere, or their salary will be temporarily changed, we may need to first do an H-1B amendment before the sabbatical or leave begins. Please discuss sabbatical or leave plans with ISSP and allow a few months before the start of the sabbatical or leave for these changes.
- Ending employment. H-1B employees must notify ISSP immediately of a resignation, release from employment, or non-renewal of employment contract with the university. If the employee is dismissed from employment before their H-1B period ends, the employee has the right to request that the university pay the return costs of transportation to their home country.

Honoraria, Outside Employment, and Institutional Joint Ventures

H-1B employees may not accept honoraria, wage or salary from outside institutions or employers.
H-1B employees may not accept employment from outside institutions or employers unless they have filed a concurrent H-1B petition for such employment. Any outside employment must be approved by the Provost Office first.
H-1B employees may not receive external funding (e.g., grants, fellowships, etc.) from outside organizations, institutions or employers. However, the employee may receive the funding if the funds are administered through the university or if a concurrent H-1B petition has been filed by the other organization or institution.
In cases where a formal joint venture, relationship, or sponsorship exists between the university and another organization or institution, an employee sponsored for H-1B status by W&M may work on projects pursuant to that joint venture; however, the employee may only receive remuneration for such services directly from the university unless a concurrent H-1B petition has been filed by the other organization or institution.
H-1B employees may receive payment or reimbursement for travel expenses associated with occasional speeches, lectures, conferences, or consultations at other institutions, if these activities are incidental to the H-1B employment.

Address Changes in H-1B Status

Persons on H-1B status are required to notify USCIS of any change in their residential address within 10 days of moving.