H-1B

Welcome to the University of Georgia!

The office of Immigration Services at the University of Georgia is responsible for processing all U.S. visa sponsorships for international students, scholars, faculty, and staff. International employees needing a U.S. work visa in order to accept or continue employment at UGA may be sponsored by their hiring Department for an H-1B temporary work visa.

Both the position offered and the employee must meet the eligibility criteria set by federal regulation.

Position Offered

• Bachelor’s degree is the minimum entry requirement for the position
• The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
• The employer normally requires a degree or its equivalent for the position
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree
• May be full-time or part-time. If part-time, the department must agree to track the actual hours worked by the employee (federal requirement even for salaried part-time employees)

Employee Qualifications

• Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

An initial H-1B sponsorship may be requested for up to three years. An extension application may be filed to allow for an additional three year period. No extension beyond a total of six years is possible, unless the employee has a pending and backlogged green card application. The six year total is inclusive of any prior periods of H-1B status with other U.S. employers.

Timeframe

The time required to process an H-1B sponsorship can vary widely depending on the current status and location of the international employee. An employee who currently holds H-1B status at another U.S. employer may be able to transfer that status to UGA within 8 – 10 weeks. An employee who currently holds a different nonimmigrant status in the U.S. will need to either file a change of status application with the U.S. government, or depart the U.S. once our H-1B petition is approved, apply for the new H-1B visa, and returned to the U.S. Either of these processes may take 4 to 8 months. To ensure timeliness and efficiency our office should be notified as soon as a job offer is accepted by an international employee needing a sponsorship.

Immediate family members (spouse and children under 21 years of age) of H-1B sponsored employees may also be sponsored for H-4 dependent visas. These visas allow for full or part-time study, however no employment is allowed.

USCIS requires that H-1B visa applicants with foreign degrees have their educational credentials evaluated by an independent credential evaluation agency. The evaluation must determine the U.S. educational equivalent of the foreign degree, and whether the degree is equivalent to a U.S. bachelor’s or higher degree.  Please see a list of foreign credential evaluaters here.

USCIS will occasionally send officers to inspect the work site locations and employment conditions of any H-1B sponsored employee. These visits are often random and unannounced and may occur before or after a petition approval. The officer may ask for any information relating to the employment of the international as well as proof of employment (pay stubs or W-2 forms). If an officer does visit your office please notify your immigration advisor immediately.