H-1B Eligibility
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"
The Employer:
  • Must agree to 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.
  • Must agree to pay for 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.
The 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)
  • Must possess " highly specialized knowledge and attain[ed]... a bachelor's or higher degree in the specific specialty" of the position

Length of H-1B Work Authorization

  • Six years of eligiblity for work authorization 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 work authorization eligiblity 

Evidence of H-1B Work Authorization 

  • For new employment:  USCIS approval notice (I-797) required before work may begin  
  • For extension of previously approved employment: USCIS receipt notice (I-797) serves as evidence of continued work authorization
  • For transfer of previously approved employment (i.e. porting work authorization from another employer to OSU):  USCIS receipt notice (I-797) serves as evidence of continued work authorization 

Employment Restrictions

  • 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 
  • Material changes to employment require USCIS authorization 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 employee accepts or declines offer, copy of signed offer must be returned to OIS 

Application Procedures 

The Office of International Services offers online applications and instructions through IP Connect.  Contact us for more information.