H-1B Highly Skilled Employees

The H-1B is a non-immigrant classification that is used for the temporary employment of international employees in specialty occupations.

What Positions are Eligible?

The position must:

  • Require "theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty or its equivalent"
  • Pay, throughout the entire duration of employment, the higher of either the wage for similarly employed workers at OSU or the wage for similarly employed workers as determined by the Department of Labor
  • Cover the reasonable costs of return transportation home for the employee if their employment is terminated before the end of their H-1B authorized period of stay

Who is Eligible?

The prospective employee must:

  • Be eligible for H-1B non-immigrant status (e.g. not subject to the two-year-home-residency requirement from a prior J-1 program, nor have used all 6 years of H-1B eligibility on prior H-1B employment)
  • Possess " highly specialized knowledge and attain[ed]... a bachelor's or higher degree in the specific specialty" of the position
Length of the Status

Six years of H-1B eligibility in total

Employers may petition for up to three years at a time

Time spent in H-1B status with another employer counts against the six years of total eligibility 

Leaving the United States for 365 days "resets" the H-1B clock, allowing another six years of H-1B eligibility

Other Considerations

Processing fees for H-1B status must be paid by the hiring department and may not be passed to the employee

  • H-1B status must be requested by the employer; employees cannot petition for H-1B status for themselves
  • OSU is the only authorized employer
  • Authorized employment is limited to the specific position, duties, dates, and salary identified by the employer in the H-1B application process 
  • Changes to employment may require authorization from the Immigration Service prior to taking effect
  • Termination of H-1B employee must be accompanied with a written offer of the reasonable cost of return transportation back to the last country of residence

H-1B travelers should verify that they have all documents necessary to enter the United States before traveling.