H-1B Visa

Eligibility 

The H-1B temporary worker visa is designated for individuals coming temporarily to the United States to perform services in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement." The hiring department must provide documentation to prove that the job requires a person with special qualifications and that the scholar meets those qualifications. Further, the department is required to pay a salary to the scholar that meets the prevailing wage. The scholar’s pay check must come from the hiring entity (Harvard University or an affiliated hospital). Please note that H-1B visa status is employment based. Individuals receiving fellowship income or those holding unpaid Harvard appointments are not eligible for H-1B visa status since fellowship is not considered remuneration for services provided to the University.

The United States Citizenship and Immigration Services (USCIS) makes the final decision on whether the individual qualifies for the H-1B visa classification. The H-1B visa is employer specific, which means that a USCIS approved petition that was submitted by the HIO authorizes the individual to work only in the position specified in the petition at Harvard or one of its affiliated hospitals. An individual who has an H-1B visa approval from another employer is not eligible to work at Harvard. An H-1B worker may work for more than one employer at the same time, but each employer must file a separate H-1B visa petition.

Length of Stay

An individual may hold H-1B visa status for a maximum stay of six years. Each H-1B petition may cover a period up to three years. The six-year limit includes time in H-1B status with another employer. It may be possible to begin another six-year period in H-1B status after an individual has spent at least one year outside the U.S.

Maintaining Status

Change of address updates

All nonimmigrant visa holders are required to notify USCIS within 10 days of a change of residential address. H-1B visa holders should report a change of address by completing Form AR-11 with USCIS.  Scholars should send a copy of the completed Form AR-11 to the HIO via email at internationaloffice@harvard.edu so that we can update your record in our system.

Changes in Employment 

Individual's H-1B status is dependent upon continued employment. H-1B petitions are employer and position specific, which means that the individual is authorized by USCIS to work only at Harvard or one of its affiliated hospitals in a specific position. HIO should be consulted prior to any changes in H-1B employment such as job title, job duties, salary, percentage of time, and/or location. An amended H-1B petition may be required under certain circumstances.

As H-1B status is employer specific, scholars may not accept compensation, including honoraria, from any other entity. Individuals in H-1B status invited to give a lecture, collaborate, conduct research or present at other institutions can receive reimbursement for reasonable living and transportation costs only.  All H-1B employees sponsored by Harvard or any other employer are required to obtain a written approval from their employer/visa sponsor to receive reimbursement.  An individual may work for more than one employer, but each employer must file a separate H-1B visa petition.

Public Assistance Restrictions

Under certain U.S. federal, state, county, and local laws, nonimmigrants and their dependents may qualify for “public assistance,” such as health insurance, subsidized housing, food assistance, or unemployment benefits. Accepting such benefits as a nonimmigrant visa holder can lead to inadmissibility to the United States due to reliance on “public assistance” under the Immigration and Nationality Act, this could ultimately result in denial of re-entry into the United States in the future. The nonimmigrant is responsible for understanding that certain types of benefits could qualify for “public assistance” and knowing the risks associated with enrolling and/or receiving such benefits.

Employment

The H-1B visa is employer specific, which means that an USCIS approved petition that was submitted by the HIO authorizes the H-1B visa holder to work only in the position specified in the petition at Harvard or one of the affiliated hospitals. An individual who has an H-1B approval from another employer is not eligible to work at Harvard. An H-1B worker may work for more than one employer, but each employer must file a separate H-1B visa petition.

Transfers and Leaving Harvard

If an individual in H-1B status leaves Harvard or its affiliate hospital before the end date on their H-1B approval notice, the HIO is required to notify the U.S. Department of Labor and USCIS. Scholars should inform their HIO advisors if they complete their appointments prior to the expiration of their current H-1B status. Individuals in H-1B status should make sure that their departments are informed of their intending departure and their future contact information.

Remaining in the U.S.

Individuals intending to remain in the U.S. after leaving Harvard should take the initiative to prepare and submit proper paperwork to maintain lawful immigration status.  This may involve applying for H-1B status with another employer or changing to an entirely different visa category. 

Moving away from the U.S.

Individuals in H-1B status are required to leave the U.S. on or before the end date on their Form I-797.

When an individual is admitted to the U.S. in H-1B status, a grace period of 10 days may be given at the discretion of an immigration officer at the port of entry. The 10 day grace period is indicated on the individual’s Form I-94.

Coming to Harvard from Another Employer

The H-1B visa is employer specific which means that an individual who has an H-1B approval from another employer is not eligible to work at Harvard University. A new petition must be filed by Harvard on behalf of the individual.

An H-1B change of employer process is identical in paperwork requirements as it is for an initial H-1B.

Change of H-1B Employers

Whether a scholar is leaving Harvard to go to another employer or coming to Harvard from another employer, an H-1B change of employer process is identical in paperwork requirements as it is for an initial H-1B visa. An H-1B change of employer petition will require a new prevailing wage and a new labor condition application (LCA) along with new supporting documents.  If individuals in H-1B status leave Harvard or its affiliate hospital before the end dates on their H-1B approval notices, the HIO is required to notify the U.S. Department of Labor and USCIS. Scholars should inform their HIO advisors if they complete their appointments prior to the expiration of their current H-1B status.

Portability Provision

H-1B regulations allow individuals already holding H-1B status to begin employment with a new employer once the new petition is filed with USCIS as long as the new petition is filed while the individual is still working for the current employer. This means that individuals may begin new employment before the petition is adjudicated by USCIS, but no earlier than the start date of the petition.