H-1B Temporary Workers

Individuals who are employed in a “specialty occupation” at Syracuse University may be eligible for H-1B status for a maximum period of six years, usually in two increments of three years.  H-1B sponsorship at Syracuse University is for individuals with full-time employment.  Academic departments will work with the Office of University Counsel (OUC) to sponsor hired foreign nationals for H-1B status.

H-1B Application Process

Eligibility

Syracuse University will sponsor qualified individuals for H-1B status for full-time positions that require a minimum of a bachelor’s degree.  However, some individuals may not be eligible for H-1B sponsorship due to prior immigration status or prior stays in the United States.

Prevailing Wage

H-1B sponsorship requires Syracuse University to pay at least the “prevailing wage” set by the U.S. Department of Labor for the particular job offered the foreign national employee.

Processing Times – Plan up to Six Months in Advance

Plan ahead.  USCIS can take up to six (6) months to adjudicate an H-1B petition.  Therefore, we recommend an early start to the process:  the earlier the process starts, the greater the chance of timely arrival for your position.

Fees

The hiring academic department is required to pay the $460 H-1B application fee and the $500 anti-fraud fee for initial H-1B petitions.

An H-1B may be expedited if necessary. The fee for “premium processing” is $1,410 and provides for adjudication within 15 business days. Depending on the circumstance, the fee may be paid by the hiring department or by the employee.

Maintaining H-1B Status

Maintaining Passport

International employees should have a valid passport. If your passport will expire during your employment at Syracuse University, you can renew it in your home country or through your country’s embassy or consulate in the United States.

H-1B Limitations of Stay

Generally speaking,  H-1B status is available for a maximum of 6 years. However, time abroad may be recaptured and added to the maximum length of stay.  In addition, some H-1B holders with pending permanent residency may be eligible for an extension of stay beyond the 6-year limit. Please contact the OUC for questions about your status or length of stay.

Employment Restrictions

H-1B status is employer-specific. Therefore, Syracuse University-sponsored individuals may only work for Syracuse University. If you wish to work for another employer, that employer would need to file a concurrent H-1B.

H-1B holders are not eligible to receive honoraria or payment for lectures or similar services provided to other U.S. institutions or businesses. However, reimbursement of expenses is allowed.

Changes in Terms of Employment, Extensions, Leaving SU

Please contact the UC if your position at the University changes or you intend to leave the employ of Syracuse University. Some changes in employment require filing an amended H-1B petition, while others do not. If you plan to leave Syracuse University, timing is critical in order for you to maintain your H-1B status while moving to another employer.

Portability – It is possible to take your H-1B status with you if you leave the employ of Syracuse University to join another employer. Please contact the OUC if you plan to leave Syracuse University.

Extensions – Extensions of stay are fairly routine. The H-1B extension petition must be filed prior to your H-1B status end date to avoid interruption in employment. If you have travel plans abroad, please consult with the OUC about the timing of your extension petition.

H-4 Dependents

Dependents of Syracuse University employees may be eligible for H4 status either by a petition filed with the Immigration Service or if the dependents are abroad a visa application, and interview with the appropriate U.S. consulate.